Doughty v. Hope
New York Supreme Court
Ejectment for a lot in the 12th ward of the city of New-York, tried before Edmonds, C. Judge, in May, 1845. The plaintiff claimed to recover under a lease from the corporation of the city of New-York, conveying to him a term of 800 years in the land, on a sale for the non-payment óf an assessment for setting the curb and gutter stones in 125th street, between the 3d and 4th avenues.
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Ejectment for a lot in the 12th ward of the city of New-York, tried before Edmonds, C. Judge, in May, 1845. The plaintiff claimed to recover under a lease from the corporation of the city of New-York, conveying to him a term of 800 years in the land, on a sale for the non-payment óf an assessment for setting the curb and gutter stones in 125th street, between the 3d and 4th avenues. The ordinance for setting the curb and gutter stones was passed in April, 1836; and by the same ordinance, Messrs. Warner, Gaines and Secor were appointed to make an estimate of the expense of conforming to the…
1Opinion of the Court
By the Court, Bronson, Ch. J.
The judge was right in holding, that the estimate and assessment, in such cases, should be made before the work is done. It is difficult to give any other construction to the statute. (2 R. L. 407, § 175, 176.) A suggestion was thrown out by the late chief justice, in Elmendorf v. The Mayor of N. Y., (25 Wend. 696,) that the assessment might be made after the work had been done. But the point was not decided ; and I do not see how a distinction can well be made, as to time, between the estimate and the assess*252ment. As I read the statute, both should precede the…
2Cases cited5 opinions
- Striker v. KellyNew York Supreme Court · 1845
- Crocker v. CraneNew York Supreme Court · 1839
- McCoy v. CurticeNew York Supreme Court · 1832
- Ex Parte J. B. Elmendorf v. Mayor of New-YorkNew York Supreme Court · 1841
- Yates v. RussellCourt for the Trial of Impeachments and Correction of Errors · 1820
3Cited by23 opinions
- Ramish v. HartwellCalifornia Supreme Court · 1899
- People ex rel. Crawford v. LothropSupreme Court of Colorado · 1877
- Macy v. City of IndianapolisIndiana Supreme Court · 1861
- Doughty v. HopeNew York Court of Appeals · 1848
- E. C. Olsen Co. v. State Tax CommissionUtah Supreme Court · 1946
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