Village of Charlotte v. . Keon
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 25,1911, affirming a judgment of the Monroe County Court which affirmed a judgment of a Justice’s Court in favor of defendant. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 25,1911, affirming a judgment of the Monroe County Court which affirmed a judgment of a Justice’s Court in favor of defendant. The nature of the action and the facts, so far as material, are stated in the opinion. The subject-matter of plaintiff’s complaint, for which the action was brought to recover, is a tax, which is not a debt or a contract, but is an impost, not founded on contract or collectible by action, except where there is express statutory…
1Opinion of the CourtCuddeback, J.
The plaintiff is a municipal corporation organized under the Village Law of the state. The defendant owns land within the village for which he has been assessed and taxed in the annual tax levy. This action was brought in Justice’s Court to recover the tax. The defendant by his answer alleged that the tax was ille gal. The answer also contained two counterclaims based upon contract. The justice rendered judgment dismissing the complaint as to the tax and awarding judgment in favor of the defendant upon the counterclaims. The judgment of the justice has been affirmed by the County Court and by…
2Cases cited1 opinion
- City of Rochester v. . BlossNew York Court of Appeals · 1906
3Cited by20 opinions
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- County Securities, Inc. v. SeacordNew York Court of Appeals · 1938
- Matter of National Cash Register Co. v. JosephNew York Court of Appeals · 1949
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