Gillespie v. Mayor
New York Court of Chancery
This case came before the court on an order to show cause why an injunction should not issue. The bill showed that the complainant had been the assignee of a lease of premises in New-York, and of which Ann Thomas had the fee; that, in widening Beaver street, the whole of the premises were taken by the corporation and an award in favor as well of the complainants as of the said Ann Thomas had been made, which, while it was correct as to gross amount, was, as the complainant…
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This case came before the court on an order to show cause why an injunction should not issue. The bill showed that the complainant had been the assignee of a lease of premises in New-York, and of which Ann Thomas had the fee; that, in widening Beaver street, the whole of the premises were taken by the corporation and an award in favor as well of the complainants as of the said Ann Thomas had been made, which, while it was correct as to gross amount, was, as the complainant alleged, wrong in the amount of apportionment as between himself and Ann Thomas ; and he accordingly sued out a writ of…
1Opinion of the Court
The Vice-Chancellor :
The object of the bill is to esfa= blish a claim against the defendants for interest on money awarded to the complainant by commissioners of estimate and assessment on opening streets, which it is alleged that the defendants had the use of for a length of time ; and to have suc'h. interest applied by way of set-off and extinguishment of taxes *514owing by the complainant to the defendants—and, in the mean time, to restrain the defendants from collecting the taxes under a distress warrant.
One objection to the defendants being now called upon to pay or allow interest upon the…
2Cases cited1 opinion
- Stevens v. BarringerNew York Supreme Court · 1835
3Cited by9 opinions
- Southern Central Railroad v. Town of MoraviaNew York Supreme Court · 1871
- Bronner Brick Co. v. M. M. Canda Co.New York Supreme Court · 1896
- Haight v. PineAppellate Division of the Supreme Court of the State of New York · 1896
- Bronx Gas & Electric Co. v. City of New YorkNew York Supreme Court · 1899
- In re Estate of SmithNew York Surrogate's Court · 1892
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