J. & A. McKechnie Brewing Co. v. Trustees of the Village of Canandaigua
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The J. & A. McKechnie Brewing Company, from a judgment of the Supreme Court in favor of the defendants,'entered in the office of the clerk of the county of Ontario on on the 26th day of June, 1895, upon the report of a referee. This appeal was transferred from the fourth department to the third department.
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Appeal by the plaintiff, The J. & A. McKechnie Brewing Company, from a judgment of the Supreme Court in favor of the defendants,'entered in the office of the clerk of the county of Ontario on on the 26th day of June, 1895, upon the report of a referee. This appeal was transferred from the fourth department to the third department. This action was brought to vacate an assessment and tax upon the real estate of the plaintiff made and levied for alleged benefits thereto because of the construction by the trustees of the village of Canandaigua of what is known as the “West Side Sewer,” and to…
1Opinion of the Court
Putnam, J.:
It is said in the opinion of the learned referee, and claimed by the counsel for the respondents, that while the strict letter of the statute quoted in the statement of the case under which the commissioners acted required an assessment for benefits of the ten lots of land adjoining and along the line of the sewer omitted from the assessment, it should be deemed that the intent of the Legislature was that only parties determined by the commissioners to be benefited should bear the expense of construction of the sewer.
The authorities cited by the learned counsel for the defendants…
2Cases cited10 opinions
- McCluskey v. . CromwellNew York Court of Appeals · 1854
- Hassan v. . City of RochesterNew York Court of Appeals · 1876
- In the Matter of Van AntwerpNew York Court of Appeals · 1874
- Heiser v. . the Mayor, Etc., of N.Y.New York Court of Appeals · 1887
- People Ex Rel. Bockes v. . WempleNew York Court of Appeals · 1889
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3Cited by7 opinions
- Lewis v. City of LockportNew York Court of Appeals · 1938
- Goller v. StubenhausNew York Supreme Court · 1912
- In re the Assessment of the Cost of the Improvement of Edgewood AvenueNew York Supreme Court · 1948
- In re Taxpayers of the Twenty-Third WardNew York Supreme Court · 1930
- Bancroft v. Mayor of WilmingtonCourt of Chancery of Delaware · 1924
2 more not listed; retrieve them via the Exa API.