Bailey v. . Buell
New York Court of Appeals
This action was brought against defendants as assessors of the town of East Bloomfield, Ontario county, to recover damages for an alleged illegal assessment. Plaintiff was assessed by defendants in 1867 the sum of $188.66. He was not in fact a resident of the town.
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This action was brought against defendants as assessors of the town of East Bloomfield, Ontario county, to recover damages for an alleged illegal assessment. Plaintiff was assessed by defendants in 1867 the sum of $188.66. He was not in fact a resident of the town. Having failed to pay the tax to the collector, the same was returned by him, and in August, 1868, the supervisor of the. town instituted supplementary proceedings under chap. 361 of the Laws of 1867, and on the 19th of September, 1868, an order was granted by the county judge of Ontario county, directing plaintiff to pay the tax or…
1Opinion of the Court
Allen, J.,
reads opinion for reversal and new trial.
All concur except Gtkover, J., dissenting, and Peokham, J., not voting.
Judgment reversed and new trial ordered.
2Cited by3 opinions
- Harrington v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
- People ex rel. Edison Electric Illuminating Co. v. WempleNew York Supreme Court · 1893
- Cerbat Mining Co. v. StateNew York Supreme Court · 1883