Legal Opinion

Spencer v. Merchant

Supreme Court of the United States

Decided April 2, 1888No. 872PublishedCited by 298 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF NEW YORK. This case was submitted to the general term in Kings County of the Supreme Court of the State of New York under § 1279 of the Code of Civil Procedure, without process, upon an agreed statement of facts signed by t.he parties, the substance Of which, and of the statutes therein referred to, was as follows: On June 20, 1883, the parties made a contract in writing, by which the plaintiff agreed to sell to the defendant a…

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ERROR TO THE SUPREME COURT OF THE STATE OF NEW YORK. This case was submitted to the general term in Kings County of the Supreme Court of the State of New York under § 1279 of the Code of Civil Procedure, without process, upon an agreed statement of facts signed by t.he parties, the substance Of which, and of the statutes therein referred to, was as follows: On June 20, 1883, the parties made a contract in writing, by which the plaintiff agreed to sell to the defendant a parcel of land in the town of New Lots in that county, and to execute and deliver a deed' thereof, with full covenants of…

1Opinion of the CourtJustice Gray

The leading facts of this case are as follows: The original assessment of the expenses of regulating, grading and'preparing the street for travel was laid by commissioners,, as directed by § 4 of the statute of 1869, upon all the lands lying within three hundred feet on either side of the street, and which, in the judgment of the commissioners, would be benefited by the improvement. After the sums so assessed upon some lots had been paid, the Court of Appeals of the State declared that assessment void, because the statute, (although it made ample provision for notice of and hearing upon the…

2Cases cited25 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Davidson v. New OrleansSupreme Court of the United States · 1878
  3. Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
  4. County of Mobile v. KimballSupreme Court of the United States · 1881
  5. Stuart v. . PalmerNew York Court of Appeals · 1878

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3Cited by298 opinions

  1. Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
  2. Bauman v. RossSupreme Court of the United States · 1897
  3. McCray v. United StatesSupreme Court of the United States · 1904
  4. French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
  5. Houck v. Little River Drainage DistrictSupreme Court of the United States · 1915

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