Rundell v. . Lakey
New York Court of Appeals
Appeal from a judgment of the Supreme Court at General Term, in the seventh district, affirming an affirmance hy the Wayne County Court, of a judgment of a justice of the peace, in favor of the plaintiff.
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Appeal from a judgment of the Supreme Court at General Term, in the seventh district, affirming an affirmance hy the Wayne County Court, of a judgment of a justice of the peace, in favor of the plaintiff. The action was to recover the amount of a certain tax assessed against the defendants, in the town of Manchester, Ontario county, and paid hy the plaintiff, at the request of the defendants, and under the agreement that they would refund the amount to him, “ in case they were legally liable to pay it,” upon the facts stated below; otherwise, not The following facts were agreed upon at the…
1Opinion of the CourtGboveb, J.
The real question designed to be submitted for determination by the facts agreed upon before the justice, was as to which of the parties was legally liable for the payment of the tax as between themselves. For the purpose of facilitating the determination of this question, the defendant requested the plaintiff to pay the tax to the collector, and promised to repay him the amount in case they were legally liable to pay the same. It is argued by the counsel for the appellants, that the tax not having been laid by the board of supervisors at the time the land was sold and conveyed by the…
2Cited by41 opinions
- State v. Camp SingMontana Supreme Court · 1896
- In Re the Judicial Settlement of the Account of BabcockNew York Court of Appeals · 1889
- City of Henrietta v. EustisTexas Supreme Court · 1894
- Barlow v. Saint Nicholas National BankNew York Court of Appeals · 1875
- Lathers v. . KeoghNew York Court of Appeals · 1888
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