Pierson v. Board of Sup'rs
New York Supreme Court
Appeal from special term, Wayne county. Action by Henry J. Pierson, as supervisor of the town of Arcadia, against the board of supervisors of Wayne county and Andrew F. Sheldon. Judgment was entered in favor of plaintiff for part of the claim sued for, and plaintiff appeals.
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Appeal from special term, Wayne county. Action by Henry J. Pierson, as supervisor of the town of Arcadia, against the board of supervisors of Wayne county and Andrew F. Sheldon. Judgment was entered in favor of plaintiff for part of the claim sued for, and plaintiff appeals. This is an action brought by the plaintiff, as supervisor of the town of Arcadia, in said county, against the board of supervisors and the county treasurer of said county, to recover certain tax moneys which were levied upon and paid by the Sodus Bay & Southern Division of the Northern Central Railway Company from the…
1Opinion of the CourtWerner, J.
The first question which requires .consideration is whether the six-years statute of limitations applies to this case. Appellants’ counsel insists that the defendants are trustees of an express trust created by chapter 907, Laws 1869, and the laws amendatory thereof, and that the six-years statute of limitations does not apply. It is contended that this is not an action for moneys had and received, but to enforce by equitable decree the performance of a continuing duty to apply the moneys received from taxes upon said railroad for the benefit of said town, according to the provisions of said…
2Cases cited6 opinions
- Strough v. Board of Supervisors of Jefferson CountyNew York Court of Appeals · 1890
- Kilbourne v. Board of SupervisorsNew York Court of Appeals · 1893
- Clark v. . SheldonNew York Court of Appeals · 1892
- Spaulding v. . ArnoldNew York Court of Appeals · 1891
- Kilbourne v. Board of SupervisorsNew York Supreme Court · 1891
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