Dale v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Chalmers Dale, as trustee of Carrie R. Dale, against the ■city of New York. From a judgment overruling a demurrer to the complaint, defendant appeals.
1Opinion of the CourtLaughlin, J.
In the year 1899 the plaintiff was assessed for personal property in the city of New York. The assessment was made in due form of law, and a warrant authorizing the collection thereof by levy upon and sale of the goods and chattels of the plaintiff was likewise issued in due form by the receiver of taxes to a marshal, who threatened to execute the same as therein commended. On the 28th day of June, 1900, the plaintiff, to prevent a levy and sale by the marshal under said warrant, paid the tax, and brings this action to recover it back.
The plaintiff alleges that at the time this tax was levied…
2Cases cited43 opinions
- Peyser v. Mayor of New YorkNew York Court of Appeals · 1877
- Mygatt v. . WashburnNew York Court of Appeals · 1857
- Swift v. . City of PoughkeepsieNew York Court of Appeals · 1868
- United States Trust Co. v. Mayor of New YorkNew York Court of Appeals · 1895
- Newman v. . Supervisors of Livingston Co.New York Court of Appeals · 1871
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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