Flynn v. . Hurd
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 4, 1886, which affirmed a judgment in favor of plaintiffs, modified and affirmed as modified a judgment in favor of plaintiffs, entered upon the report of a referee. This action was brought to recover back money alleged to have been paid by plaintiff in repairing a bridge in excess of his proportionate share of plaintiff’s town.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 4, 1886, which affirmed a judgment in favor of plaintiffs, modified and affirmed as modified a judgment in favor of plaintiffs, entered upon the report of a referee. This action was brought to recover back money alleged to have been paid by plaintiff in repairing a bridge in excess of his proportionate share of plaintiff’s town. The referee found among other facts that the Hoosick river divides the towns of Hoosick, in Henssalaer county, from the towns of Cambridge…
1Opinion of the CourtParker, J.
Assuming but not deciding the existence of a liability on the part of the towns of Iloosick, Cambridge and White Creek, to maintain the bridge in question, and that because of such liability the statute imposed upon each of said towns the duty and obligation of bearing one-tliird of the expense thereof, we are nevertheless of the opinion that plaintiff cannot prevail in this action.
The recovery sought to be upheld, is not for moneys paid to the defendant, but for moneys paid by the plaintiff to other parties in excess of the sum he was legally bound to pay. Each commissioner was legally…
2Cases cited7 opinions
- Supervisors of Onondaga v. BriggsNew York Supreme Court · 1846
- Mowatt v. WrightNew York Supreme Court · 1828
- People Ex Rel. Everett v. Board of SupervisorsNew York Court of Appeals · 1883
- First National Bank of Ballston Spa v. Board of SupervisorsNew York Court of Appeals · 1887
- The New-York and Harlem Railroad Co. v. . MarshNew York Court of Appeals · 1855
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Haviland v. . WilletsNew York Court of Appeals · 1894
- Gimbel Bros. v. Brook Shopping Centers, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- In re the Estate of WeltonNew York Surrogate's Court · 1931
- Caldor Corp. v. S Plaza Associates, L.P. (In Re Caldor, Inc.)United States Bankruptcy Court, S.D. New York · 1998
- Cleveland v. Town of LancasterAppellate Division of the Supreme Court of the State of New York · 1933
23 more not listed; retrieve them via the Exa API.