Fleetwood v. City of New York
The Superior Court of New York City
Motions to set aside report of referee. The first of these causes was an action of assumpsit, brought to recover the sum of $2527 22, paid by Fleetwood, the plaintiff, to the defendants, Feb. 27, 1845, to redeem several lots of ground belonging to him, from a sale thereof, made by the defendants on the 13th of June, 1843, under an alleged assessment for filling the lots. The cause was referred to William Mitchell, Esq.
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Motions to set aside report of referee. The first of these causes was an action of assumpsit, brought to recover the sum of $2527 22, paid by Fleetwood, the plaintiff, to the defendants, Feb. 27, 1845, to redeem several lots of ground belonging to him, from a sale thereof, made by the defendants on the 13th of June, 1843, under an alleged assessment for filling the lots. The cause was referred to William Mitchell, Esq. Upon the trial before the referee, it appeared in evidence that the plaintiff had paid the amount for which this action was instituted to the street commissioner, accompanying…
1Opinion of the CourtBy the Court. Sandford, J.
The referee has decided in these cases, that when the money was paid by the respective plaintiffs to the street commissioner, the corporation was not legally entitled to receive it. There were several distinct grounds upon which this conclusion was insisted by the plaintiffs. One of these, the want of any corporate ordinance, directing the lots to be filled, was a question of fact purely, and if found in favor of the plaintiffs, of itself sufficed to show that the assessments were void. As the referee may have reposed his decision on this point, and there was evidence in its support, we are…
2Cases cited4 opinions
- Nelson J. Elliott v. Samuel SwartwoutSupreme Court of the United States · 1836
- Supervisors of Onondaga v. BriggsNew York Supreme Court · 1846
- Wiggin v. Mayor of New-YorkNew York Court of Chancery · 1841
- Clinton v. StrongNew York Supreme Court · 1812
3Cited by26 opinions
- Harmony v. . BinghamNew York Court of Appeals · 1854
- Peyser v. Mayor of New YorkNew York Court of Appeals · 1877
- Cutter v. . the Mayor, Etc., of N.Y.New York Court of Appeals · 1883
- City of Detroit v. MartinMichigan Supreme Court · 1876
- Crooke v. . AndrewsNew York Court of Appeals · 1869
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