Diefenthaler v. Mayor of New York
New York Court of Appeals
These are cross appeals from judgments of the Geneial Term of the Supreme Court in the first judicial department, made March 2, 1888, which affirmed in each case a judgment entered upon orders overruling plaintiff’s demurrer to the sixth defense set up in the answer and sustaining the demurrer to the seventh defense set up in the answer. (Mem. of decision below, 47 Hun, 6%7.) The nature of the actions and the substance of the defenses demurred to are stated in the opinion.
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These are cross appeals from judgments of the Geneial Term of the Supreme Court in the first judicial department, made March 2, 1888, which affirmed in each case a judgment entered upon orders overruling plaintiff’s demurrer to the sixth defense set up in the answer and sustaining the demurrer to the seventh defense set up in the answer. (Mem. of decision below, 47 Hun, 6%7.) The nature of the actions and the substance of the defenses demurred to are stated in the opinion. The complaint alleges facts sufficient to constitute a cause of action against the defendant. (Jex v. Mayor, etc., 103 N.…
1Opinion of the CourtPeckham, J.
These two actions were brought to recover back a certain proportion of moneys paid by the plaintiffs on assessments levied upon their lands in the city of 27ew York. The facts in the two cases are precisely the same and relate to the recovery of money paid upon assessments prima facie valid, and which created an apparent lien upon the land assessed, and where the facts rendering a portion of the assessment invalid were all de hors the record, and the plaintiffs were entirely ignorant of them, and could not have obtained knowledge in regard to them by an inspection of the record or the papers…
2Cases cited4 opinions
- Borst v. . CoreyNew York Court of Appeals · 1857
- Bruecher v. . Village of Port ChesterNew York Court of Appeals · 1886
- Jex v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1886
- Strusburgh v. . Mayor, Etc., City of New YorkNew York Court of Appeals · 1882
3Cited by26 opinions
- Parsa v. State of New YorkNew York Court of Appeals · 1984
- First National City Bank v. City of New York Finance AdministrationNew York Court of Appeals · 1975
- Mills v. . MillsNew York Court of Appeals · 1889
- Tripler v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1891
- Phelps v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
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