Legal Opinion

Hudson River Bridge Co. v. . Patterson

New York Court of Appeals

Decided September 17, 1878PublishedCited by 3 opinions

Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendant, entered upon the report of a referee. (Reported below, 11 Hun, 525.) The nature of the action and the facts are set forth sufficiently in the opinion. As plaintiff’s tolls were collected in Albany, and its treasurer had his office and resided there, it was not liable to assessment elsewhere.

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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendant, entered upon the report of a referee. (Reported below, 11 Hun, 525.) The nature of the action and the facts are set forth sufficiently in the opinion. As plaintiff’s tolls were collected in Albany, and its treasurer had his office and resided there, it was not liable to assessment elsewhere. (1 R. S., 389, § 6.) This provision of the Revised Statutes applies to both real and personal estate. (Utica Cotton Co. v. Suprs., etc., 1 Barb. Ch., 447; Rundell v.…

1Opinion of the Court

Church, Ch. J.

This is an action to recover damages for seizing and selling a tug-boat belonging to the plaintiff. The defendants justified as trustees of Union Free School District No. 6 of the town of North Greenbush, under a tax voted for school purposes, and a warrant duly issued to enforce the same. The assessment was upon real estate, being that part of the plaintiff’s bridge and property situate in said town. No question was made as to the regularity of the proceedings, but the claim of the plaintiff was predicated upon a want of jurisdiction in the school district, represented by the…

2Cases cited1 opinion

  1. Smith v. Mayor of New YorkNew York Court of Appeals · 1877

3Cited by3 opinions

  1. People Ex Rel. New York Elevated Railroad v. Commissioners of Taxes & AssessmentsNew York Court of Appeals · 1880
  2. People Ex Rel. President of Albany & Bethlehem Turnpike Road v. SelkirkNew York Court of Appeals · 1905
  3. People ex rel. New York Elevated Railroad v. Commissioners of TaxesNew York Supreme Court · 1879

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