National Bank of Chemung v. City of Elmira
New York Supreme Court
This action is brought by the plaintiff, a banking association, against the defendant for the recovery of $4,006.80 with interest, for money had and received by it as claimed, or for a tort, by reason of the alleged wrongful taking thereof by the collector of taxes for the city of Elmira, in April, 1869, and the alleged payment thereof by him to the treasurer of said" city, and the refusal of the city to pay back the same to the plaintiff upon a demand being made^therefor of…
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This action is brought by the plaintiff, a banking association, against the defendant for the recovery of $4,006.80 with interest, for money had and received by it as claimed, or for a tort, by reason of the alleged wrongful taking thereof by the collector of taxes for the city of Elmira, in April, 1869, and the alleged payment thereof by him to the treasurer of said" city, and the refusal of the city to pay back the same to the plaintiff upon a demand being made^therefor of the mayor of the city. The defence made thereto by the defendant, in its answer, consists in a justification of the…
1Opinion of the Court
By the Court—Miller, P. J.
The right of the plaintiff to recover in this action was placed by the referee upon the ground that the affidavit or instrument written upon the assessment roll was not such an affidavit or oath as was required by the statute, and was not sufficient to give jurisdiction to issue the warrant. There are several omissions in the affidavit annexed, which are supposed to be fatal to the validity of the warrant under which the plaintiff’s property was seized. The statute (see Laws 1851, p. 334, § 8) prescribes the form of the affidavit to be made and subscribed by the…
2Cases cited7 opinions
- Barhyte v. . ShepherdNew York Court of Appeals · 1866
- Van Rensselaer v. . WitbeckNew York Court of Appeals · 1852
- Parish v. . GoldenNew York Court of Appeals · 1866
- People Ex Rel. Lefever v. Board of SupervisorsNew York Court of Appeals · 1866
- Chautauque County Bank v. RisleyNew York Court of Appeals · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Wood v. La RoseNew York Supreme Court · 1971