Legal Opinion

Bird v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided November 23, 1910PublishedCited by 1 opinion

Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings op the 17th day of June, 1910, upon the decision of' the .court rendered after a trial, at the , Kings County Trial Term, a jury having been waived, . ..

1Opinion of the Court

Judgment affirmed, with costs, upon the opinion of Mr. Justice Kelly. Hirsohberg, P.. J., Woodward, Burr, Rich and Carr,, JJ.j concurred.' • .

The following is the opinion of Mr. Justice Kelly :

Kelly, J.:

• Upon a sale for taxes under the Brooklyn charter (Laws of 1888, chap. 583, tit. 8, § 6) the surplus was deposited with the treasurer of' the city of Brooklyn. Subsequently the defendant paid this surplus to- one Raymond, who claimed to be the owner of the prop- • er.ty. The plaintiff says that "she was the owrter and sues to recover, .the surplus so paid. No evidence is introduced to show…

2Cases cited5 opinions

  1. Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
  2. White's Bank of Buffalo v. . NicholsNew York Court of Appeals · 1876
  3. Van Winkle v. . Van WinkleNew York Court of Appeals · 1906
  4. Varick v. SmithNew York Court of Chancery · 1842
  5. Ray v. New York Bay Extension RailroadAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by1 opinion

  1. SHERMAN v. United StatesUnited States Court of Federal Claims · 2026

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