Pooley v. . City of Buffalo
New York Court of Appeals
Appeal from judgment of the General Term of the Superior-Court of the city of Buffalo, entered upon an order made May 16, 1888, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The payments of the assessments in question were voluntarily made and cannot he recovered.
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Appeal from judgment of the General Term of the Superior-Court of the city of Buffalo, entered upon an order made May 16, 1888, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The payments of the assessments in question were voluntarily made and cannot he recovered. (Laws of 1870, chap. 519, § 23; Laws of 1885, chap. 181; Phelps v. Mayor, etc., 112 N. Y. 216; Laws of 1882, chap. 410; Diefenthaler v. Mayor, etc., 111 N. Y. 331; Wilcox v. Mayor,…
1Opinion of the CourtBradley, J.
The action was brought to recover moneys paid by the plaintiff and others, whose claims were assigned to him, upon an assessment made upon their lands by the defendant, and to vacate such assessment for the'alleged reason that it was illegally made, and was invalid. In Juiip, 1874, proceedings were taken to grade and pave Forest avenue, between the easterly line of Niagara street and the westerly line of Delaware street, in the city of Buffalo.' The petition, by which they were instituted, was referred to the assessors, who returned it to the common council with a certificate that the…
2Cases cited7 opinions
- Spencer v. . MerchantNew York Court of Appeals · 1885
- Peyser v. Mayor of New YorkNew York Court of Appeals · 1877
- Bruecher v. . Village of Port ChesterNew York Court of Appeals · 1886
- Phelps v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- Diefenthaler v. Mayor of New YorkNew York Court of Appeals · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- City of Rochester v. ChiarellaNew York Court of Appeals · 1983
- Croco v. Oregon Short Line RailroadUtah Supreme Court · 1898
- Croveno v. . Atlantic Ave. R.R. Co.New York Court of Appeals · 1896
- Adams v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1897
- Pooley v. City of BuffaloSuperior Court of Buffalo · 1895
2 more not listed; retrieve them via the Exa API.