Legal Opinion

Van Voorhis v. Budd

New York Supreme Court

Decided May 11, 1863PublishedCited by 11 opinions

APPEAL from a judgment of the county court of Dutchess county, affirming the judgment of a justice of the peace. The plaintiff sued to recover damages for the seizure and sale of certain personal property ; and the defendant justified the taking, as town collector, under a tax warrant issued to him as such. The plaintiff recovered a judgment before the justice.

1Opinion of the Court

By the Court,

Brown, J.

This action is brought against the defendant to recover damages for the séizure and sale of a horse, the property of the plaintiff. The defendant justifies under a tax warrant, issued to him as collector of the town of Fishkill, in the county of Dutchess, for the year 1861.

The tax is assessed upon the roll to Henry D. Van Voorhis, while the real name of the plaintiff is William H. Van Voorhis. The proof upon the trial, however, showed that the plaintiff was also known in the town as Henry Van Voorhis, and he was the person intended to he charged with the payment of the-…

2Cases cited2 opinions

  1. Franklin v. TalmadgeNew York Supreme Court · 1809
  2. Wheeler v. AnthonyNew York Supreme Court · 1833

3Cited by11 opinions

  1. Barrow v. WilsonSupreme Court of Louisiana · 1887
  2. In re Village of Medina to Compel the Repayment of Taxes Assessed and Collected by the Town of Shelby in 1905, New York County Courts1907
  3. Kortz v. Board of Canvassers of Greene CountyNew York Supreme Court · 1882
  4. Mahaney v. Mutual Reserve Fund Life Ass'nNew York Supreme Court · 1893
  5. Cruger v. DoughertyNew York Supreme Court · 1869

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