Robinson v. City of Brooklyn
New York City Court
Plaintiff’s premises were sold for taxes on February 19, 1861, to D. H. Feeks, who received from the collector of taxes three certificates, reciting that fact, and providing that in case of redemption, “all sums paid shall be repaid to said purchaser or his assigns, provided this certificate shall be surrendered to the collector of taxes and assessments.”
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Plaintiff’s premises were sold for taxes on February 19, 1861, to D. H. Feeks, who received from the collector of taxes three certificates, reciting that fact, and providing that in case of redemption, “all sums paid shall be repaid to said purchaser or his assigns, provided this certificate shall be surrendered to the collector of taxes and assessments.” In 1862 or 1863 plaintiff purchased these certificates from Feeks, and received them with an assignment in blank from him, dated 186—. In 1874 plaintiff was effecting a loan on these premises, and this sale was returned as an incumbrance.…
1Opinion of the Court
Clement, Ch. J.
We are of opinion that the claim of the plaintiff is barred by the Statute of Limitations, and that, therefore, it is unnecessary to determine the other *718questions in the case. It is an undisputed fact that the plaintiff redeemed the lands from the sales for assessments on the 14th day of August, 1874, and that this action was commenced by service of summons and complaint on December 19, 1885.
The liability of the defendant to return the money when the sales were redeemed arises on the contract contained in the certificates, and afi action upon a contract obligation, express or…
2Cases cited1 opinion
- The People, Ex Rel. Robinson v. . O'KeefeNew York Court of Appeals · 1885