Bruecher v. . Village of Port Chester
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made the first Monday of March, 1883, which reversed a judgment in favor of defendant, entered upon an order sustaining a demurrer to plaintiff’s complaint, and which overruled the demurrer. (Reported below, 31 Hun, 550.) The substance of the complaint is set forth in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made the first Monday of March, 1883, which reversed a judgment in favor of defendant, entered upon an order sustaining a demurrer to plaintiff’s complaint, and which overruled the demurrer. (Reported below, 31 Hun, 550.) The substance of the complaint is set forth in the opinion. The payment by plaintiff in 1875, being a voluntary payment of an assessment void on its face, the action to recover the amount paid cannot be maintained. (Merritt v. Village, 71 N. Y. 309; N. Y. &…
1Opinion of the CourtEarl, J.
The plaintiff in his complaint alleged that in 1875 he owned certain lands situated in the village of "Port Chester, and that they were assessed for certain local improvements; that the commissioners of estimate and assessment appointed under the defendant’s charter to apportion and assess the expenses of the improvement upon the adjacent premises didmot take the oath required by the charter to be taken by them, nor did they, after making their estimate and assessment, publish a notice of the time and place when and where interested parties could be heard in manner and form as required by the…
2Cases cited3 opinions
- Merritt v. . Village of PortchesterNew York Court of Appeals · 1877
- Peyser v. Mayor of New YorkNew York Court of Appeals · 1877
- Newman v. . Supervisors of Livingston Co.New York Court of Appeals · 1871
3Cited by43 opinions
- Stanley v. Supervisors of AlbanySupreme Court of the United States · 1887
- Adrico Realty Corp. v. City of New YorkNew York Court of Appeals · 1928
- Oswego Syracuse R.R. Co. v. . StateNew York Court of Appeals · 1919
- United States Trust Co. v. Mayor of New YorkNew York Court of Appeals · 1895
- Western Union Telegraph Co. v. Missouri Ex Rel. GottliebSupreme Court of the United States · 1903
38 more not listed; retrieve them via the Exa API.