Hilton v. . Fonda
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in 'the third judicial department, entered upon an order made. May 4, 1880, which affirmed a judgment in favor of defendants, entered upon an order nonsuiting plaintiff on trial. This action was brought against defendants, who were assessors of the town of Saratoga Springs, Saratoga county, in the year 1878, to recover damages for an alleged illegal assessment and levy and sale thereunder.
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Appeal from judgment of the General Term of the Supreme Court, in 'the third judicial department, entered upon an order made. May 4, 1880, which affirmed a judgment in favor of defendants, entered upon an order nonsuiting plaintiff on trial. This action was brought against defendants, who were assessors of the town of Saratoga Springs, Saratoga county, in the year 1878, to recover damages for an alleged illegal assessment and levy and sale thereunder. The error alleged in the assessment was, that the property, which was .certain real estate in said town owned by plaintiff, was assessed to…
1Opinion of the Court
Folger, Ch. J.
This is an action against these defendants in their personal capacity'for an act done by them, which, it is claimed, was illegal, and damaging to the personal property of the plaintiff. The defendants were assessors of a town, and thereby had the opportunity or occasion for doing the act. The means used by them to do it were, in form of law, to put the name of the plaintiff upon the assessment-roll of the town, among the taxable inhabitants thereof, and thus to assess him personally for real estate lying in the town, and owned by him. His claim is that though the defendants held…
2Cases cited2 opinions
- National Bank of Chemung v. City of ElmiraNew York Court of Appeals · 1873
- Newman v. . Supervisors of Livingston Co.New York Court of Appeals · 1871
3Cited by29 opinions
- Brady v. . NallyNew York Court of Appeals · 1896
- City of New York v. . McLeanNew York Court of Appeals · 1902
- Matter of McLeanNew York Court of Appeals · 1893
- Hagner v. HallAppellate Division of the Supreme Court of the State of New York · 1896
- Groton Bridge & Manufacturing Co. v. American Bridge Co.U.S. Circuit Court for the District of Northern New York · 1905
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