Lorillard v. Town of Monroe
New York Supreme Court
This was an action brought by the plaintiff against the defendant, to recover the amount of taxes assessed by the assessors of the town of Monroe, in Orange county, upon wild, uncultivated, and unoccupied forest land, belonging to the plaintiff, in Rockland county, from the year 1844 to the year 1849, both inclusive, and collected by the collectors of the same town during those years, amounting in the whole to the sum of $484,89, for which sum he demanded judgment.
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This was an action brought by the plaintiff against the defendant, to recover the amount of taxes assessed by the assessors of the town of Monroe, in Orange county, upon wild, uncultivated, and unoccupied forest land, belonging to the plaintiff, in Rockland county, from the year 1844 to the year 1849, both inclusive, and collected by the collectors of the same town during those years, amounting in the whole to the sum of $484,89, for which sum he demanded judgment. The defendant’s answer denied most of the material allegations in the plaintiff’s complaint ; and, admitting that the plaintiff…
1Opinion of the Court
By the Court,
Barculo, J.
The view that I take of this case will render it unnecessary to examine, in detail, the several points made by the respective counsel. I shall therefore only discuss the question whether an action will lie against a town for an error made by the assessors in assessing the whole of a tract of unoccupied lands, a portion of which lies in an adjoining county.
It was conceded, on the argument, that no direct authority or precedent for maintaining such an action could be found in the reports of this state. The question must be determined, therefore, upon principle and…
2Cases cited3 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
- Saunders v. SpringsteenNew York Supreme Court · 1830
3Cited by7 opinions
- People Ex Rel. Mygatt v. Supervisors of Chenango CountyNew York Court of Appeals · 1854
- Hathaway v. Town of HomerNew York Supreme Court · 1871
- Lattin v. Town of Oyster BayNew York Supreme Court · 1901
- Board of Excise of Westchester v. CurleyNew York Court of Appeals · 1877
- Clark v. MillerNew York Supreme Court · 1866
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