Gardner v. The Mayor
New York Supreme Court
THIS was an appeal from a judgment on the report of a referee. The facts, as they appear in the report of the referee, are as follows: The common council of Troy had instituted proceedings for opening a section of North Fourth street, in that city, and made an assessment upon certain lands, for the expenses of the proceedings.
Read the full summary
THIS was an appeal from a judgment on the report of a referee. The facts, as they appear in the report of the referee, are as follows: The common council of Troy had instituted proceedings for opening a section of North Fourth street, in that city, and made an assessment upon certain lands, for the expenses of the proceedings. Among other lands assessed, was the following: “ Stephen Boss, lot E. and part of lot D., 500 feet,” assessed to pay $520. The assessment was returned and confirmed by the common conned, on the 28th of July, 1836. The assessment not having been paid, the premises were…
1Opinion of the Court
By the Court, Harris, J.
The plaintiff agreed to purchase of the defendants the term which they believed they had in the premises described in the declaration of sale, by virtue of the assessment and sale. For this term he paid the stipulated price, believing that he should thereby acquire *425the interest mentioned in the declaration of sale. The parties were mutually mistaken. The defendants had no interest in the premises to sell, and, of course, the plaintiff acquired nothing by his purchase. There was no fraud in the case. It was a mere mistake of fact. The assessment was void, and of course…
2Cases cited1 opinion
- Allen v. HammondSupreme Court of the United States · 1837
3Cited by9 opinions
- Coffin v. . City of BrooklynNew York Court of Appeals · 1889
- Barker v. ClarkNew York City Court · 1872
- Phillips v. Mayor of HudsonSupreme Court of New Jersey · 1864
- Earle v. De WittMassachusetts Supreme Judicial Court · 1863
- Earle v. De WittMassachusetts Supreme Judicial Court · 1863
4 more not listed; retrieve them via the Exa API.