Brundage v. . Village of Port Chester
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made December 11, 1883, which reversed a j udgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 31 Hun, 129.) The nature of the action and the material facts are stated in the opinion.
Read the full summary
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made December 11, 1883, which reversed a j udgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 31 Hun, 129.) The nature of the action and the material facts are stated in the opinion. As while the assessment was in force no action could have been brought to recover back the money paid on it, and plaintiffs only remedy was to bring an action in equity to first set aside the assessment, this action is within section-888 of the Code, which…
1Opinion of the Court
Ruger, Ch. J.
In the year 1874 the defendant was indebted to the plaintiff in the sum of upwards'of $5,000 for work and labor performed by him, in the grading of Hoseco avenue in the village of Port Chester. The plaintiff was also then apparently liable, to contribute to the expense of building and grading village streets, and had been theretofore assessed for that purpose by the village authorities in the sum of upwards of $3,000, and they threatened to enforce and collect such assessment by a sale of his land. Under these' circumstances the plaintiff demanded payment from the village of the…
2Cases cited6 opinions
- National Trust Co. v. . GleasonNew York Court of Appeals · 1879
- Beardsley v. RootNew York Supreme Court · 1814
- Cumming & Cumming v. Hackley & FisherNew York Supreme Court · 1811
- Horn v. . Town of New LotsNew York Court of Appeals · 1880
- Moyer v. ShoemakerNew York Supreme Court · 1849
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Connell v. HaydenAppellate Division of the Supreme Court of the State of New York · 1981
- Friar v. Vanguard Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Gottfried v. GottfriedAppellate Division of the Supreme Court of the State of New York · 1945
- In Re the Appraisal Under the Transfer Tax Act of the Estate of HoopleNew York Court of Appeals · 1904
- People ex rel. Atlantic Gulf & Pacific Co. v. MillerNew York Supreme Court · 1939
3 more not listed; retrieve them via the Exa API.