Title Guarantee & Trust Co. v. Haven
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Title Guarantee and Trust Company, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 20tli day of December, 1907, upon the report of a referee, dismissing the complaint upon the merits.
1Dissent
Houghton, J. (dissenting):
I think the plaintiff is entitled to recover upon the plain principle that by mistake it paid money to defendants’ use.
Although the assessments upon the real property devised to the defendants were levied in the lifetime of the defendants’ testator, they were for street improvements and hence defendants could not demand that their testator’s estate pay them. (Matter of Hun, 144 N. Y. 472.) The assessments were a lien on the real property devised, which the defendants alone were bound to pay or suffer the loss of their property.
Some person not disclosed forged the…
2Cases cited4 opinions
- Hathaway v. . County of DelawareNew York Court of Appeals · 1906
- Matter of HunNew York Court of Appeals · 1895
- Frank v. . LanierNew York Court of Appeals · 1883
- Howard v. DuncanNew York Supreme Court · 1870