Dorn v. . Fox
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff entered on the report of a referee. (Reported below, 6 Lans., 162.) This action was brought to compel the collectors of the towns of Ava and Boonville, in Oneida county, to inter-plead, each of said collectors having a tax on his tax list, and a warrant against the plaintiff, who owned a farm lying partly in each of said towns.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff entered on the report of a referee. (Reported below, 6 Lans., 162.) This action was brought to compel the collectors of the towns of Ava and Boonville, in Oneida county, to inter-plead, each of said collectors having a tax on his tax list, and a warrant against the plaintiff, who owned a farm lying partly in each of said towns. The complaint stated, in substance, that, prior to and during the year 1869, the plaintiff was the owner and occupant of 400…
1Opinion of the Court
Dwight, C.
The defendant claims that a bill of inter-pleader will not lie in the present case, on two grounds. One is, that the plaintiff was not ignorant of his rights; and another, that, on the merits of his case, he has no right of action.
It is only necessary to consider whether a bill of interpleader will lie as against the two collectors, to establish his rights. That the assessors of the town of Ava have violated them has already been affirmed in a case decided at the present term of this court. (Dorn v. Backer, ante, p. 261.) It is now settled law that assessors act at their peril in…
2Cases cited5 opinions
- Weaver v. DevendorfNew York Supreme Court · 1846
- Barhyte v. . ShepherdNew York Court of Appeals · 1866
- People Ex Rel. Mygatt v. Supervisors of Chenango CountyNew York Court of Appeals · 1854
- Brown v. SmithNew York Supreme Court · 1857
- Redfield v. Supervisors of Genesee CountyNew York Court of Chancery · 1839
3Cited by21 opinions
- TEXAS v. FLORIDA Et Al.Supreme Court of the United States · 1939
- Pouch v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1912
- Crane v. . McDonaldNew York Court of Appeals · 1890
- Bassett v. . LeslieNew York Court of Appeals · 1890
- Welch v. City of BostonMassachusetts Supreme Judicial Court · 1911
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