Day v. Town of New Lots
New York Supreme Court
Appeal from a judgment in favor of the defendant, entered upon the trial of this action by the court, without a jury. This action was brought by the plaintiff, who had purchased certain premises in the town of New Lots at a foreclosure sale, on May 3, 1872, to recover from the defendant money alleged to have been received hy it from him, in payment of an invalid assessment.
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Appeal from a judgment in favor of the defendant, entered upon the trial of this action by the court, without a jury. This action was brought by the plaintiff, who had purchased certain premises in the town of New Lots at a foreclosure sale, on May 3, 1872, to recover from the defendant money alleged to have been received hy it from him, in payment of an invalid assessment. The money was alleged to have been received by the county treasurer from tbe town collector, who took it on February 1, 1874, from the county clerk, under a warrant issued by tbe board of supervisors of Rings county.
1Opinion of the Court
Dykman, J. :
This is an action for money had and received from the plaintiff for the use of the defendant, under the circumstances now to be specified. The plaintiff became the purchaser of certain premises on Atlantic avenue, in the town of New Lots, at a judicial sale, by a referee, under a judgment in the Supreme Court, in an action to foreclose a mortgage. He paid the purchase-money and received his deed.
The judgment under which the sale was made contained the usual direction for the payment of taxes and assessments out of the purchase-money by the referee. Among the liens on these…
2Cases cited5 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Moore v. . MayorNew York Court of Appeals · 1878
- Hathaway v. . Town of CincinnatusNew York Court of Appeals · 1875
- Horn v. . Town of New LotsNew York Court of Appeals · 1880
- People v. HawsNew York Supreme Court · 1861