Forrest v. Mayor of New York
New York Supreme Court
Demurrer to the complaint. The complaint in this action, omitting the formal parts, was as follows: ■ “The above plaintiffs allege that they have been duly appointed and qualified, by the surrogate of the county of Hew York, to act as the sole executors of Daniel Fanshaw, deceased.^ The above executors, complaining, show to this court, that the said Daniel Fanshaw, in his lifetime, in the year 1857, was assessed in the sum of $420.13, for constructing a sewer on the Third…
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Demurrer to the complaint. The complaint in this action, omitting the formal parts, was as follows: ■ “The above plaintiffs allege that they have been duly appointed and qualified, by the surrogate of the county of Hew York, to act as the sole executors of Daniel Fanshaw, deceased.^ The above executors, complaining, show to this court, that the said Daniel Fanshaw, in his lifetime, in the year 1857, was assessed in the sum of $420.13, for constructing a sewer on the Third Avenue of said city, between 79th and 84th or 86th street; said assessments being on lots known by Ward Hos. 1, 2, 3 ; and…
1Opinion of the CourtLeonard, J.
—The complaint is defective in not averring that the plaintiffs are the executors of Fanshaw.. It is not sufficient to style the plaintiffs as executors in the entitling of the complaint. Bo issue can be taken by answer to the description of the parties in the title.
The money sued for was paid to discharge an assessment on certain lots in the city of Bew York, imposed in 1857, paid in 1858, and vacated for “fraud and illegality” in 1859. The averment is, that the assessment was paid "under protest on compulsion, and in order that the owner might use his lots.
I think the compulsion mentioned…
2Cases cited1 opinion
- Fleetwood v. City of New YorkThe Superior Court of New York City · 1849
3Cited by4 opinions
- Cutter v. . the Mayor, Etc., of N.Y.New York Court of Appeals · 1883
- Central Branch Union Pacific Railroad v. AndrewsSupreme Court of Kansas · 1886
- Graveson v. Odd Fellows' Temple Co.Ohio Superior Court, Cincinnati · 1897
- In re Estate of Renton, Superior Court of California, County of San Francisco1892