Vanderbeck v. . City of Rochester
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Oom’t in the fifth judicial department, entered upon an order made October 21, 1887, which affirmed a judgment in favor of defendant entered on the report of a referee. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Oom’t in the fifth judicial department, entered upon an order made October 21, 1887, which affirmed a judgment in favor of defendant entered on the report of a referee. The nature of the action and the material facts are stated in the opinion. A municipal corporation -cannot levy assessments upon private property for contemplated improvements, collect the money and then refuse or neglect to return any consideration for the property taken from the pockets of the unfortunate land owner. (Laws of 1861, chap. 311; Ludlow v. City of Oswego,…
1Opinion of the CourtParker, J.
This action was brought to recover the sum of $468.72 paid to the treasurer of the city of Eochester. That being the amount of an assessment, less the credit allowed thereon by way of damages for land taken, made upon real estate of plaintiff’s husband in his life-time. When suit was instituted more than six years had elapsed since the payment of the assessment, but no steps had been taken to open and make available for public use the street which was the basis of the assessment. And the plaintiff alleges, as the foundation of her right of recovery, a failure on the part of the defendant to…
2Cases cited5 opinions
- Phelps v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- Flynn v. . HurdNew York Court of Appeals · 1889
- The New-York and Harlem Railroad Co. v. . MarshNew York Court of Appeals · 1855
- Harrison v. PeckNew York Supreme Court · 1870
- Taylor v. BentleyNew York Surrogate's Court · 1877
3Cited by20 opinions
- Adrico Realty Corp. v. City of New YorkNew York Court of Appeals · 1928
- Tripler v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1891
- Newburgh Savings Bank v. Town of WoodburyNew York Court of Appeals · 1903
- Greene v. . SmithNew York Court of Appeals · 1899
- Adams v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1897
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