Legal Opinion

Troy Union Railroad v. City of Troy

Appellate Division of the Supreme Court of the State of New York

Decided November 27, 1929PublishedCited by 6 opinions

1Opinion of the CourtWhitmyer, J.

The action is for the recovery of the sum of $288,241.59, which includes the sum of $51,491.68, assessed for special franchises, with interest on different parts thereof from the several dates of payment, being the amount paid, under protest, by plaintiff to defendant as the taxes for the years 1911 to 1921, both inclusive, upon assessments levied against its real property on a valuation in excess of $30,000, the amount of its capital stock. The action is based upon defendant’s covenant to refund, contained in a writing, to which it was a party. Its liability under that covenant is the only…

2Cases cited12 opinions

  1. Yazoo & Mississippi Valley Railway Co. v. AdamsSupreme Court of the United States · 1901
  2. City of Rochester v. . Rochester Railway Co.New York Court of Appeals · 1905
  3. Union Estates Co. v. . Adlon Construction Co.New York Court of Appeals · 1917
  4. Chicago, R. I. & P. Ry. Co. v. Union Pac. Ry. Co.U.S. Circuit Court for the District of Nebraska · 1891
  5. People Ex Rel. Gould v. . BarkerNew York Court of Appeals · 1896

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3Cited by6 opinions

  1. Foss v. Halloran & Narr, Inc.New York Supreme Court · 1960
  2. City Check Cashing, Inc. v. Jul-Ame Construction Co.New Jersey Superior Court Appellate Division · 1999
  3. County of Sullivan v. Town of TustenAppellate Division of the Supreme Court of the State of New York · 2010
  4. Snowpine Village Condominium Board of Managers v. Town of Great ValleyNew York Supreme Court · 1989
  5. Gearing v. KellyAppellate Division of the Supreme Court of the State of New York · 1961

1 more not listed; retrieve them via the Exa API.

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