M.L. Ins. Co. v. . Mayor, Etc., of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made July 30, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. This action was brought to recover money paid by plaintiff upon what it claims to be a void assessment on its property in the city of Mew York. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made July 30, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. This action was brought to recover money paid by plaintiff upon what it claims to be a void assessment on its property in the city of Mew York. The facts, so far as material, are stated in the opinion. This action will not lie because the defect alleged is not jurisdictional, and concerns only regularity of procedure, affecting only a part of the assessment. (Swift…
1Opinion of the CourtO’Brien, J.
The plaintiff has recovered the amount paid upon what is claimed to be a void- assessment on its property, in the twelfth ward of the city of Mew York. It was a local assessment imposed upon property claimed to be benefited by the construction of a sewer under the authority of the city. It was confirmed on the 29th of May, 1879, and the plain tiff subsequently paid it, amounting to $1,398.88, with interest. The sewer was constructed under a contract in which the expense of rock excavation was fixed by agreement between the commissioner of public works and the contractor and not by competitive…
2Cases cited3 opinions
- Swift v. . City of PoughkeepsieNew York Court of Appeals · 1868
- Tripler v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1891
- Jex v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1886
3Cited by8 opinions
- Lewis v. City of LockportNew York Court of Appeals · 1938
- People Ex Rel. Wessell, Nickel & Gross v. CraigNew York Court of Appeals · 1923
- American-Russian Aid Ass'n v. City of Glen CoveNew York Supreme Court · 1964
- Tifft v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1898
- Lewis v. City of LockportAppellate Division of the Supreme Court of the State of New York · 1937
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