Peyser v. Mayor of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial. (Reported below, 8 Hun, 413.) This action was brought to recover back moneys alleged to have been paid upon an alleged assessment.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial. (Reported below, 8 Hun, 413.) This action was brought to recover back moneys alleged to have been paid upon an alleged assessment. The complaint alleged, in substance, that in March, 1869, defendant imposed and put on record what appeared to be, and what defendant alleged and claimed was, an assessment on a lot owned by plaintiff, in the city of New York, for a local improvement; that said…
1Opinion of the CourtForger, J.
The reversal of the assessment and the setting it aside as illegal and void, is conclusive that the money obtained upon it by the defendant was got from the plaintiff without primary right. In such case the general rule is, that the money ex cequo et bono belongs to the plaintiff, and is held by the defendant for his use. The law raises an obligation on the part of him who has received the benefit of it to make restitution. It is upon this principle, that an action is maintainable to recover back money collected in satisfaction of an erroneous judgment which has been reversed after payment…
2Cases cited11 opinions
- The BANK OF THE UNITED STATES v. the Bank of WashingtonSupreme Court of the United States · 1832
- Harmony v. . BinghamNew York Court of Appeals · 1854
- Eadie v. . SlimmonNew York Court of Appeals · 1862
- Flower v. . LanceNew York Court of Appeals · 1875
- Bank of the Commonwealth v. . the MayorNew York Court of Appeals · 1870
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3Cited by68 opinions
- The First National Bank of Cincinnati v. Sidney Pepper, Elsie W. Cox, Defendants-Cross-Claimants-Appellants, Modern Talking Picture Service, Inc.Court of Appeals for the First Circuit · 1972
- Adrico Realty Corp. v. City of New YorkNew York Court of Appeals · 1928
- Oswego Syracuse R.R. Co. v. . StateNew York Court of Appeals · 1919
- Adams v. . Irving National BankNew York Court of Appeals · 1889
- Mercury Machine Importing Corp. v. City of New YorkNew York Court of Appeals · 1957
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