Mygatt v. Washburn
New York Court of Appeals
The action in the Supreme Court was brought July 24th, 1852, to recover damages against the defendant for having, as.one of the assessors of the town of Oxford, in Chenango county, illegally assessed the plaintiff for personal property, he being, as alleged, at the time of the assessment a resident of the county of Oswego, and not taxable in the county of Chenango, by means of which illegal assessment the plaintiff’s property was sold by the collector of the town of Oxford.
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The action in the Supreme Court was brought July 24th, 1852, to recover damages against the defendant for having, as.one of the assessors of the town of Oxford, in Chenango county, illegally assessed the plaintiff for personal property, he being, as alleged, at the time of the assessment a resident of the county of Oswego, and not taxable in the county of Chenango, by means of which illegal assessment the plaintiff’s property was sold by the collector of the town of Oxford. On the trial, which took place at the Chenango Circuit, in March, 1855, the material facts were agreed upon, and were as…
1Opinion of the CourtBrown, J.
This is an action brought to recover damages against the defendant, an assessor of the town of Oxford, for illegally assessing the plaintiff for personal property in that town, he being at the time resident in the county of Oswego. All the questions involved in the case have been decided in The People v. Supervisors of Chenango County (1 Kern., 563), except one, and that is, the defence of the statute of limitations. The assessment was made on the 24th of July, 1846, and the action commenced on the 24th day of July, 1852. Counting one day (the day the act complained of was done) exclusive and…
2Cases cited3 opinions
- Prosser v. SecorNew York Supreme Court · 1849
- Suydam v. KeysNew York Supreme Court · 1816
- Merritt v. Read & PearsallNew York Supreme Court · 1848
3Cited by1 opinion
- In re Grand Boulevard & ConcourseAppellate Division of the Supreme Court of the State of New York · 1898