Poth v. Mayor, Aldermen & Commonalty of New York
New York Court of Appeals
Appeal from a judgment of the General. Term of the Supreme Court in the first judicial department, entered upon an order made April 13, 1894, which denied a motion for a new trial made upon excejitions ordered to be heard in the first instance at General Term, overruled the exceptions and ordered judgment in favor of plaintiff upon a verdict directed by the court.
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Appeal from a judgment of the General. Term of the Supreme Court in the first judicial department, entered upon an order made April 13, 1894, which denied a motion for a new trial made upon excejitions ordered to be heard in the first instance at General Term, overruled the exceptions and ordered judgment in favor of plaintiff upon a verdict directed by the court. This action was brought to recover the amount of an alleged illegal, assessment imposed upon the property of plaintiff and paid to the defendant to prevent its sale for the non-payment thereof. The facts, so far as material, are…
1Opinion of the CourtO’Brien, J.
The plaintiff recovered the amount of a local assessment imposed upon his property by the authorities of the city of New York, for regulating First avenue, between Ninety-second and One Hundred and Ninth streets. It was confirmed on the 20th of July, 1885. In November, 1890, proceedings wei’e taken by the city to sell the parcels of real estate upon which the assessment was claimed to be a lien. The notice of sale stated that in case of default in the payment of the assessment, the lands would be sold on the 2d day of March, 1891. On the 5tli of January, 1891, the plaintiff paid the…
2Cases cited16 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Spencer v. MerchantSupreme Court of the United States · 1888
- Spencer v. . MerchantNew York Court of Appeals · 1885
- Tripler v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1891
- People v. . HagadornNew York Court of Appeals · 1887
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3Cited by18 opinions
- Adrico Realty Corp. v. City of New YorkNew York Court of Appeals · 1928
- Nehasane Park Assn. v. . LloydNew York Court of Appeals · 1901
- Sharum v. City of MuskogeeSupreme Court of Oklahoma · 1914
- Bowditch v. Superintendent of StreetsMassachusetts Supreme Judicial Court · 1897
- Long Acre Electric Light & Power Co. v. Consolidated Telegraph & Electrical Subway Co.New York Court of Appeals · 1907
13 more not listed; retrieve them via the Exa API.