First Nat. Bank of Sandy Hill v. . Fancher
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Supreme Court in the fourth judicial district, affirming a judgment in favor of plaintiff, entered upon the decision of the court upon trial at circuit, without a jury.
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Appeal from judgment of the G-eneral Term of the Supreme Court in the fourth judicial district, affirming a judgment in favor of plaintiff, entered upon the decision of the court upon trial at circuit, without a jury. (Reported below, 52 Barb., 138.) This was an action for trespass, in taking from plaintiff’s possession currency to the amount of $119.27. Defendant justified as collector of the village of Sandy Hill, under a warrant issued to him by the trustees of said village. The warrant commanded him to collect from the several persons therein named the sums assessed against them…
1Opinion of the Court
Hunt, C.
The warrant in the hands of the defendant, as collector, directed him to collect the amounts specified from the persons named, and “ to levy the same of the goods and chattels of such persons.” Assuming the regularity of the assessment, that the property was subject to the assessment made, and that the bank held the funds with which the tax should have been paid, the defendant is not justified. By Ms warrant, if necessary to obtain payment, he was authorized to levy upon the goods of the persons named. Ho other authority was confided to him. This authority is special and exceptional.…
2Cases cited1 opinion
- City of Utica v. ChurchillNew York Court of Appeals · 1865
3Cited by2 opinions
- Citizens & Southern Bank v. StateSupreme Court of Georgia · 1921
- Dubois v. WebsterNew York Supreme Court · 1876