Legal Opinion

The New-York & Harlem Railroad v. Lyon

New York Supreme Court

Decided December 12, 1853PublishedCited by 8 opinions

This action was brought to recover damages of the defendant for seizing and selling two freight cars of the plaintiffs, upon their railroad track in the town of Bedford, in the county of Westchester. The defendant justified the taking, as collector of the town of Bedford, under a tax-warrant duly issued to Mm by the board of supervisors of said county.

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This action was brought to recover damages of the defendant for seizing and selling two freight cars of the plaintiffs, upon their railroad track in the town of Bedford, in the county of Westchester. The defendant justified the taking, as collector of the town of Bedford, under a tax-warrant duly issued to Mm by the board of supervisors of said county. The answer alleged that in the assessment roll accompanying such warrant, among other person's under the words “ non-residents” the said plaintiffs by the name of the “ Harlem Railroad” in the words and figures following: “ Harlem Railroad,…

1Opinion of the CourtS. B. Strong, J.

The warrant under which the defendant claims a justification for seizing and selling the plaintiffs’ cars in the town of Bedford, required him, as collector of that town, to collect from the several persons named in the assessment roll annexed to it the several - sums mentioned in the last column on each page, opposite to their respective names : and *653authorizes him, in case any of them should refuse or neglect to pay such sum, to levy the same by distress and sale of his goods and chattels. The defendant insists that the plaintiffs are named in the assessment roll annexed to his warrant, and…

2Cited by8 opinions

  1. Hoyt v. . the Commissioners of TaxesNew York Court of Appeals · 1861
  2. People ex rel. Buffalo & State Line Railroad v. FredericksNew York Supreme Court · 1866
  3. Dewey v. StratfordSupreme Court of New Hampshire · 1860
  4. Johnson v. LearnNew York Supreme Court · 1859
  5. Harris v. Board of SupervisorsNew York Supreme Court · 1884

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