Clowes v. Mayor of New York
New York Supreme Court
Appeal from a judgment in favor of tlie plaintiff, entered upon a trial at tbe New York Special Term, in an action brought to have an assessment declared invalid to the extent of forty-eight and three-tenths per cent, and for the recovery of that percentage upon the amount of the assessment which had been paid by plaintiff in 1874, with interest from the time of such payment.
1Opinion of the Court
Van Brunt, P. J.:
On the 16th of June, 1874, the assessment in question was imposed upon the plaintiff’s property. On the 25th of July, 1874, the plaintiff paid the assessment, and on the 12th of May, 1885, this suit was begun, demanding judgment that the assessment be *540declared illegal and void to the extent of forty-eight and three-tenths per cent, and the recovery of that percentage upon the amount paid by plaintiff in 1874, with interest from that time. It is claimed upon the part of the defendant that no suit of this nature can be maintained, the assessment not having been reduced under…
2Cases cited4 opinions
- Dickinson v. . the Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Jex v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1886
- The Mayor, C., of New-York v. . ColgateNew York Court of Appeals · 1854
- Eno v. Mayor of New YorkNew York Court of Appeals · 1877