Burke v. Mayor of New York

Daniels, J,

The object of the action was the recovery of the sum of $219.90, with interest thereon which had been paid upon an assessment for a local improvement in the city of New York. The objection chiefly taken to the right of the plaintiff to maintain this action, was placed upon the effect of section 891", of chapter 410, of the Laws of 1882. But this action is not controlled by this section, for the reason that it appears by the complaint, that the assessment itself was void, and that the payment was coerced under its apparent authority. That it was void, was held in *644Matter of Deering…