Morange v. . Mix
New York Court of Appeals
Appeal from an order of the Supreme Court, at General Term, in the second district, affirming a judgment entered on a verdict for the plaintiff at the circuit. The action is to recover damages alleged to have been sustained by the plaintiff through the neglect of the defendant to return certain assessments imposed by the city of Brooklyn upon lands purchased by him, against which the defendant was employed by the plaintiff, for a reasonable reward, to make search.
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Appeal from an order of the Supreme Court, at General Term, in the second district, affirming a judgment entered on a verdict for the plaintiff at the circuit. The action is to recover damages alleged to have been sustained by the plaintiff through the neglect of the defendant to return certain assessments imposed by the city of Brooklyn upon lands purchased by him, against which the defendant was employed by the plaintiff, for a reasonable reward, to make search. The complaint states that the plaintiff has necessarily paid the assessment, since his purchase of the land, with interest arid…
1Opinion of the Court
Leonard, C.
1st. The motion to dismiss the complaint was not well taken. • The defendant’s counsel, to sustain his motion, relies upon the charter of the city of Brooklyn, which requires the premises to be assessed to the owner or occupant, and on authorities holding that an error or omission so to assess renders the assessment invalid. ( Whitney v. Thomas, 23 N. Y., 281; Crooke v. Andrews, 40 N. Y., 547.) The persons to whom the premises were assessed were the owners in common until 1854. The commissioners to make the assessment were appointed in January, 1853. It does not appear that the…
2Cases cited4 opinions
- Whitney v. . ThomasNew York Court of Appeals · 1861
- S. & M. Allen v. Suydam & BoydNew York Supreme Court · 1838
- Crooke v. . AndrewsNew York Court of Appeals · 1869
- Walrod v. BallNew York Supreme Court · 1850
3Cited by5 opinions
- Marcell v. Midland Title Guarantee & Abstract Co.Nebraska Supreme Court · 1924
- Hershiser v. WardNevada Supreme Court · 1906
- Selover v. SheardownSupreme Court of Minnesota · 1898
- Roose v. Hamilton, New York County Courts1935
- Mutual Life Insurance v. DakeNew York Supreme Court · 1876