Doughty v. Hope
New York Court of Appeals
On error from the supreme court. Doughty sued Hope in the court below in ejectment for a lot of land in the city of New-York; and the cause was tried before Edmonds, C. Judge, at the New-York circuit in October, 1846. The plaintiff gave in evidence an ordinance of the mayor and common council of the city of New-York, passed April 26, 1836, for setting curb and gutter stones in 125th street, and appointing Warner,' Gaines and Secor, assessors, to make an estimate of the…
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On error from the supreme court. Doughty sued Hope in the court below in ejectment for a lot of land in the city of New-York; and the cause was tried before Edmonds, C. Judge, at the New-York circuit in October, 1846. The plaintiff gave in evidence an ordinance of the mayor and common council of the city of New-York, passed April 26, 1836, for setting curb and gutter stones in 125th street, and appointing Warner,' Gaines and Secor, assessors, to make an estimate of the expense of conforming to the provisions of the ordinance, and to make a just and equitable, assessment thereof among the…
1Opinion of the CourtBronson, C. J.
The prima facie presumption in this case was, that all of the assessors met and consulted, although only two of them signed the estimate and assessment. (Doughty v. Hope, 3 Denio, 249.) But the defendant was at liberty to rebut that presumption, by showing that in point of fact the third assessor did nothing beyond taking the oath of office. The presumption in favor of the performance of official duty is rarely, if ever, conclusive. It may be overthrown by proof.
The fact that Secor did not act, might as well be proved by Warner, who was one of the assessors, as by Secor himself. From the…
2Cases cited6 opinions
- Downing v. RugarNew York Supreme Court · 1839
- Striker v. KellyNew York Supreme Court · 1845
- People v. Mayor of New-YorkNew York Supreme Court · 1833
- Doughty v. HopeNew York Supreme Court · 1846
- Gale v. MeadNew York Supreme Court · 1846
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3Cited by25 opinions
- Merritt v. . Village of PortchesterNew York Court of Appeals · 1877
- Gaston v. MerriamSupreme Court of Minnesota · 1885
- People v. . HagadornNew York Court of Appeals · 1887
- Cruger v. . DoughertyNew York Court of Appeals · 1870
- Smith v. City of PortlandOregon Supreme Court · 1894
20 more not listed; retrieve them via the Exa API.