Mayor, Etc., of City of New York v. . Erben
New York Court of Appeals
This is an appeal by the Appellant from a judgment of the General Term of the Superior Court of the city of New York, affirming a judgment rendered upon a report of a Referee in favor of the Defendants. The action was brought to recover back the sum of $9,000, alleged to have been paid to the Defendants upon an award made to the Defendant Erben for land taken in the extension of Canal Street.
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This is an appeal by the Appellant from a judgment of the General Term of the Superior Court of the city of New York, affirming a judgment rendered upon a report of a Referee in favor of the Defendants. The action was brought to recover back the sum of $9,000, alleged to have been paid to the Defendants upon an award made to the Defendant Erben for land taken in the extension of Canal Street. The Referee found the following facts and reached the conclusions of law following: 1. That in the year 1852, and until the month of May, in the year 1855, the Defendant Erben was the owner in fee of…
1Opinion of the Court
Hunt, Ch. J.
After setting forth the general facts of the case in their complaint, the Plaintiffs close by alleging that, at the Defendants’ request, they paid the Defendants for such damages the sum of $24,805. They further allege that the said payment was made under a mistake of fact on the part of the Plaintiffs, and under the supposition that the sum above mentioned was the sum of the payments to which the Defendants were entitled, under and by virtue of the report of the commissioners of estimate and assessment.
In his answer the Defendant Erben, among other things, says, that he received…
2Cases cited1 opinion
- Wheadon v. OldsNew York Supreme Court · 1838
3Cited by3 opinions
- Matter of Commissioners of Central ParkNew York Court of Appeals · 1872
- In re ChapinNew York Supreme Court · 1895
- In re the Kingsbridge RoadNew York Supreme Court · 1875