Legal Opinion

Trowbridge v. . Horan

New York Court of Appeals

Decided November 11, 1879PublishedCited by 19 opinions

Appeal from order of the General Term of the Supreme Court, in the second judicial department, reversing a judgment in favor of plaintiff, entered upon the report of a referee.

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Appeal from order of the General Term of the Supreme Court, in the second judicial department, reversing a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought by plaintiffs as trustees under the will of Robert M. Blackwell, deceased, to restrain the receiver of taxes of Long Island City from selling, for non-payment of taxes, certain real estate in that city owned by them as trustees, and to compel said receiver to take the tax assessed and to release the lands from the incumbrance. The facts appear sufficiently in the opinion. The act of the…

1Opinion of the Court

Church, Ch. J.

The original assessment in 1873, was in bulk, describing the land by certain streets, and valued in gross at $45,000. It appears that the whole quantity assessed was about thirty acres, one-half of which lying separate from the remainder was claimed to have been taken for' a park, and the plaintiffs sought to pay the tax upon the remainder of the property, and tendered the amount to the receiver of taxes, which was declined upon the ground that he had no power to apportion the taxes. In 1876, the Legislature passed an act entitled “ an act relating to unpaid taxes in Long Island…

2Cited by19 opinions

  1. Cromwell v. . MacLeanNew York Court of Appeals · 1890
  2. Matter of McCue v. . SupervisorsNew York Court of Appeals · 1900
  3. People ex rel. National Commercial Bank v. LewisNew York Supreme Court · 1942
  4. Adams v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1897
  5. In re ChadwickAppellate Division of the Supreme Court of the State of New York · 1901

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