McCue v. Board of Supervisors
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Board of Supervisors of Monroe County, from an order of the County Court of Monroe county, entered in the office of the clerk of the county of Monroe on the 1st day of May, 1899, directing the board of supervisors of Monroe county to refund to the petitioner certain taxes paid by him. ' On the 17th day of February, 1898, the petitioner presented his petition, which was duly verified on the 15th day of February, 1898, to the board of supervisors…
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Appeal by the defendant, The Board of Supervisors of Monroe County, from an order of the County Court of Monroe county, entered in the office of the clerk of the county of Monroe on the 1st day of May, 1899, directing the board of supervisors of Monroe county to refund to the petitioner certain taxes paid by him. ' On the 17th day of February, 1898, the petitioner presented his petition, which was duly verified on the 15th day of February, 1898, to the board of supervisors of Monroe county, asking that certain taxes paid by him for the years 1887 to 1895, both inclusive, amounting to the sum…
1Opinion of the Court
McLennan, J.:
Concededly, during all the years in > question, the petitioner resided upon the premises. He paid the taxes assessed, and only the amount which was properly chargeable against the property, voluntarily, and year after year as they became due, without any coercion whatever, and with full knowledge of all the facts; and it. is admitted that the assessment was illegal in form, and that the-payment of the tax under such assessment could not be enforced against the property or the owner. It does not appear that any demand of payment of the tax was made upon the petitioner, or upon any…
2Cases cited7 opinions
- Peyser v. Mayor of New YorkNew York Court of Appeals · 1877
- Tripler v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1891
- Bruecher v. . Village of Port ChesterNew York Court of Appeals · 1886
- Jex v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1886
- Matter of Appl'n of McMahon v. . PalmerNew York Court of Appeals · 1886
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3Cited by1 opinion
- Dale v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902