Fisher v. Mayor of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 3 Hun, 64.) This action was brought to recover a balance alleged to be due upon an award made in 1860 for lands of plaintiffs, taken for the widening of Worth street, in the city of New York.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 3 Hun, 64.) This action was brought to recover a balance alleged to be due upon an award made in 1860 for lands of plaintiffs, taken for the widening of Worth street, in the city of New York. The answer set up the statute of limitations, and also set up an unpaid assessment upon the premises, to the amount of the balance unpaid of the award imposed upon the same lands for…
1Opinion of the CourtAndrews, J.
The cause of action to recover the balance of the award for land of the plaintiff’s taken for the widening of Worth street, was not barred by the statute. The report of the commissioners of estimate and assessment was confirmed September 27,1860, and this action was commenced December 22, 1869. By section 83 of chapter 86 of the Laws of 1813, it is made the duty of the mayor, aldermen and commonalty, within four calendar months after the confirmation of the report of the commissioners, to pay the awards made, and in case of neglect or default of payment within that time, it is declared that…
2Cases cited5 opinions
- Leland v. . CameronNew York Court of Appeals · 1865
- The Mayor, C., of New-York v. . ColgateNew York Court of Appeals · 1854
- Morey v. . Farmers' Loan and Trust Co.New York Court of Appeals · 1856
- Henderson v. HendersonNew York Supreme Court · 1846
- Appleby v. . BrownNew York Court of Appeals · 1861
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- Donnelly v. . City of BrooklynNew York Court of Appeals · 1890
- Mott v. . EnoNew York Court of Appeals · 1905
- Matter of City of New York (Elm Street)New York Court of Appeals · 1924
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