Phelps v. . Mayor, Etc., of New York
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 2, 1888, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and ordered a new trial.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 2, 1888, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and ordered a new trial. This action was brought to have an assessment upon plaintiff’s premises for regulating and grading Broadway in the city of New York adjudged invalid and to recover back money paid by plaintiff in satisfaction thereof. The judge at Special Term held the assessment to have been illegal and void, and directed judgment for the…
1Opinion of the CourtGray, J.
If the ordinance of the board of aldermen, under which the work of regulating, grading and paving Broadway was done, appeared on its face to be contrary to the law, and, therefore, to be void, this action to recover back the moneys paid by plaintiff should fail. This appears - to be substantially conceded, as a proposition, by plaintiff’s counsel; where, under his second point that the payment was not voluntary, he says, “ as a matter of law the assessment being valid on its face, the payment was not voluntary.” As a matter of fact, the payment of the assessment in question was effected by…
2Cases cited6 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Birdsall v. . ClarkNew York Court of Appeals · 1878
- In Re the Emigrant Industrial Savings BankNew York Court of Appeals · 1878
- Thompson v. . SchermerhornNew York Court of Appeals · 1851
- Diefenthaler v. Mayor of New YorkNew York Court of Appeals · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Adrico Realty Corp. v. City of New YorkNew York Court of Appeals · 1928
- Tripler v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1891
- Bolton v. GilleranCalifornia Supreme Court · 1894
- Redmond v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1891
- City of New York v. Seely-Taylor Co.Appellate Division of the Supreme Court of the State of New York · 1912
36 more not listed; retrieve them via the Exa API.