Bruecher v. Village of Port Chester
New York Supreme Court
Appeal from a j udgment, entered on an order made at Special Term sustaining the defendant’s demurrer to the plaintiff’s complaint.
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Appeal from a j udgment, entered on an order made at Special Term sustaining the defendant’s demurrer to the plaintiff’s complaint. The complaint alleged, among other things, that the defendant had imposed an assessment upon a lot owned by the plaintiff, and lying within its corporate limits; that the proceedings resulting in the assessment were “ prosecuted under color of, but in violation of, said statutes and in disregard of their provisions, to wit, among other things, in this, that the commissioners of estimate and assessment appointed under the said acts so known as the charter of said…
1Opinion of the Court
Brady, J.:
This action was brought to recover a sum of money paid to the defendant in discharge of an assessment which had been imposed upon the plaintiff’s land. The allegations of the complaint, briefly stated, are that the defendant is an incorporated village; that the plaintiff was prior to the 27th of February, 1875, the owner of a lot of land within the defendant’s corporate limits; that during the years of 1874 and 1875 it levied an assessment upon the land mentioned; that the plaintiff, on the 27th of February, 1875, a warrant having been issued for the collection of the assessment and…
2Cases cited7 opinions
- Merritt v. . Village of PortchesterNew York Court of Appeals · 1877
- Peyser v. Mayor of New YorkNew York Court of Appeals · 1877
- Flower v. . LanceNew York Court of Appeals · 1875
- Bank of the Commonwealth v. . the MayorNew York Court of Appeals · 1870
- Marsh v. . City of BrooklynNew York Court of Appeals · 1874
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