Pooley v. City of Buffalo
Superior Court of Buffalo
Appeal from special term. Action by George Pooley against the city of Buffalo to annul an illegal levy of an assessment for paving a street, and to recover back the amount paid under such assessment. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtTitus, J.
The plaintiff seeks to recover for money paid by himself and assignors on an assessment for paving Forest avenue, on the ground that the assessment was illegal and void, and when paid he was ignorant of the facts which rendered it invalid. This court has twice held that the assessment was invalid by reason of the neglect of the common council to comply with the statutory provisions of the charter in the proceedings taken to make the assessment, once, in Granger v. City of Buffalo, reported in 6 Abb. N. C. 238, and again when the case was before this court for a second time.1 If the question…
2Cases cited6 opinions
- Peyser v. Mayor of New YorkNew York Court of Appeals · 1877
- Mayer v. Mayor of New YorkNew York Court of Appeals · 1875
- Bank of the Commonwealth v. . the MayorNew York Court of Appeals · 1870
- Strusburgh v. . Mayor, Etc., City of New YorkNew York Court of Appeals · 1882
- North v. . BlossNew York Court of Appeals · 1864
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