Legal Opinion

Harrington v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1903PublishedCited by 10 opinions

Appeal from a judgment of the Municipal Court of the city of New York, eleventh district, borough of Manhattan, in favor of defendant sustaining a demurrer .to the complaint.

1Opinion of the CourtClarke, J.

The complaint alleged that defendant is a municipal corporation; that plaintiff on the 7th day of April, 1902, paid to the clerk of the City Magistrates’ Court, first division, fourth district, the sum of fifteen dollars, which sum has been paid over and received by the city; that said sum was paid by reason of a fine imposed upon plaintiff by a city magistrate for *166alleged operating an automobile through1 the streets of New York at a higher rate of speed than eight miles an hour; that said payment was made under coercion of law, threats aiid duress and the requirement of such payment was…

2Cases cited18 opinions

  1. Ball v. State of New YorkNew York Court of Appeals · 1977
  2. Ferguson v. . CrawfordNew York Court of Appeals · 1877
  3. Peyser v. Mayor of New YorkNew York Court of Appeals · 1877
  4. Dunham v. . GriswoldNew York Court of Appeals · 1885
  5. Tripler v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1891

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3Cited by10 opinions

  1. Berg v. City of ChicagoAppellate Court of Illinois · 1968
  2. Ferguson v. Butler CountySupreme Court of Missouri · 1923
  3. People v. BandyAppellate Court of Illinois · 1925
  4. Halkin v. HumeCity of New York Municipal Court · 1924
  5. D'Aloia v. City of SummitSupreme Court of New Jersey · 1916

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