Spencer v. . Merchant
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 10,1884, which directed judgment in favor of defendant upon a case submitted under section 1279 of the Code of Civil Procedure. Plaintiff sought to compel defendant to perform a contract for the purchase by him of certain premises in the town of New Lots, Kings county.
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Appeal from, judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 10,1884, which directed judgment in favor of defendant upon a case submitted under section 1279 of the Code of Civil Procedure. Plaintiff sought to compel defendant to perform a contract for the purchase by him of certain premises in the town of New Lots, Kings county. Defendant refused to take title and complete the purchase because of an assessment upon the land, imposed under and in pursuance of chapter 689 of the Laws of 1881. Plaintiff claimed this act to…
1Opinion of the CourtFinch, J.
Two objections to the constitutionality of the act of 1881, which authorized the assessment in dispute, lie at the foundation of this appeal; and are in substance that the statute gives no hearing to the land-owner as to the amount to be realized and paid; and that the assessments are levied irrespective of benefits to the lots assessed. By the act of 1869 (Chap. 217) as amended by that of 1870 (Chap. 619), Atlantic avenue, was opened through the town of Hew Lots, and the compensation for the land taken, and the expense of grading and regulating were imposed by two separate assessments upon a…
2Cases cited3 opinions
- Weismer v. . Village of DouglasNew York Court of Appeals · 1876
- In the Matter of Van AntwerpNew York Court of Appeals · 1874
- Litchfield v. . VernonNew York Court of Appeals · 1869
3Cited by71 opinions
- Spencer v. MerchantSupreme Court of the United States · 1888
- Anderson v. RitterbuschSupreme Court of Oklahoma · 1908
- Parsons v. District of ColumbiaSupreme Court of the United States · 1898
- People v. . TurnerNew York Court of Appeals · 1889
- Cromwell v. . MacLeanNew York Court of Appeals · 1890
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