Legal Opinion

City of Rochester v. Rochester Railway Co.

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1905PublishedCited by 3 opinions

Appeal by tbe defendant, the Rochester Railway Company, from certain portions of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 31st day of December, 1903, upon the decision of the court rendered after a trial at the Monroe Special Term, and also from portions of a judgment in favor of plaintiff, entered' in said clerk’s office on the 2d day of April, 1904.

1Opinion of the Court

Hiscock, J.:

This action was brought upon certain unpaid taxes assessed by the plaintiff both for general and local purposes, to foreclose and cut off defendant’s right and title in a small strip of land, and also to recover a judgment against the appellant for any deficiency remaining after application of the proceeds of the sale of said property to the payment of said taxes. The judgments appealed from awarded the relief sought, the later one adjudging the recovery of $833.66 from the appellant, of which amount $731.47 was deficiency and the balance costs and expenses of sale and interest.

The…

2Cases cited5 opinions

  1. Madison Avenue Baptist Church v. Baptist Church in Oliver StreetNew York Court of Appeals · 1878
  2. Wells v. . JohnstonNew York Court of Appeals · 1902
  3. Armstrong v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1905
  4. City of Rochester v. BlossAppellate Division of the Supreme Court of the State of New York · 1905
  5. Warnier v. BoessneckAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by3 opinions

  1. Loomis F.G. Assn. v. California F. Exch.California Court of Appeal · 1932
  2. Loomis Fruit Growers' Ass'n v. California Fruit ExchangeCalifornia Court of Appeal · 1932
  3. Kostanowski v. DonchigAppellate Division of the Supreme Court of the State of New York · 1945

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