Dewey v. Supervisors of Niagara
New York Supreme Court
Appeal from a judgment for plaintiff entered upon the decision of the court upon a trial without a jury. The action was brought in the county of Niagara by William W. Dewey against the board of supervisors of that county to recover money wrongfully collected by the defendant from plaintiff.
Read the full summary
Appeal from a judgment for plaintiff entered upon the decision of the court upon a trial without a jury. The action was brought in the county of Niagara by William W. Dewey against the board of supervisors of that county to recover money wrongfully collected by the defendant from plaintiff. The money thus collected was for an assessment imposed upon the lands of plaintiff under the provisions of chapter 774 of the Laws of 1867, for the purpose of paying the expense of a drainage improvement through the lands of plaintiff and others in the town of Royalton in said county. The assessment in…
1Opinion of the CourtE. Darwin Smith, J.
Confessedly, according to the decision of the court of appeals in the case of People ex rel. Williams v. Haines, 49 N. Y. 587, the money collected and received by the defendants upon the estimate and assessment made by the said com*608missioners, appointed by act of the legislature of 1867 for draining certain lands in Niagara county (chapter 774), were exacted and received without right and upon an illegal and void assessment. Moneys so collected by municipal corporations and paid into the treasury of the city or county, are recoverable by action for money had and received, as held recently in…
2Cases cited8 opinions
- The BANK OF THE UNITED STATES v. the Bank of WashingtonSupreme Court of the United States · 1832
- Supervisors of Onondaga v. BriggsNew York Supreme Court · 1846
- National Bank of Chemung v. City of ElmiraNew York Court of Appeals · 1873
- Bank of the Commonwealth v. . the MayorNew York Court of Appeals · 1870
- People Ex Rel. Williams v. . HainesNew York Court of Appeals · 1872
3 more not listed; retrieve them via the Exa API.