Roosevelt Hospital v. Mayor, Aldermen & Commonalty of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 7, 1879, affirming a judgment entered upon, a decision of the court on trial at Special Term. (Mem. of de? cisión below, 18 Hun, 582.) The nature of the action and the facts are set forth sufficiently in the opinion of Earl, J. The property of the Eoosevelt Hospital is exempt from the payment of this assessment by the special act creating it.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 7, 1879, affirming a judgment entered upon, a decision of the court on trial at Special Term. (Mem. of de? cisión below, 18 Hun, 582.) The nature of the action and the facts are set forth sufficiently in the opinion of Earl, J. The property of the Eoosevelt Hospital is exempt from the payment of this assessment by the special act creating it. (Laws of 1864, p. 3, § 3, fol. 47; Harvard College v. Aldermen, 104 Mass. 470 ; Matter of Van Antwerp, 56 N. Y. 261.) In…
1Opinion of the Court
This action was commenced by the plaintiff to vacate and restrain the collection of an assessment imposed upon its land for the expense of a sewer.
James H. Roosevelt died in 1863, leaving a will in which he gave a large property to trustees named, for the purpose of founding and maintaining a hospital in the city of New York, and he directed the trustees to apply to the legislature for proper acts to incorporate, secure and perpetuate such hospital. In compliance with these directions the trustees applied to the legislature and by the act chapter 4 of the Laws of 1864, the plaintiff was…
2Cases cited8 opinions
- Hassan v. . City of RochesterNew York Court of Appeals · 1876
- In the Matter of Van AntwerpNew York Court of Appeals · 1874
- President of Harvard College v. Board of AldermenMassachusetts Supreme Judicial Court · 1870
- Buffalo City Cemetery v. . City of BuffaloNew York Court of Appeals · 1871
- In Re the Second Avenue Methodist Episcopal Church to Vacate an AssessmentNew York Court of Appeals · 1876
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3Cited by30 opinions
- Morrison v. MoreySupreme Court of Missouri · 1898
- Londoner v. City & County of DenverSupreme Court of Colorado · 1911
- Knott v. City of FlintMichigan Supreme Court · 1961
- City of Kalispell v. School District No. 5Montana Supreme Court · 1912
- Board of Education of Union Free School District No. 6 v. Town of GreenburghNew York Court of Appeals · 1938
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