Tripler v. . Mayor, Etc.
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 June 8, 1892, which affirmed a judgment in favor of defendant entered upon a verdict directed by the court. This action was brought to recover back a sum paid in satisfaction of an assessment for a local improvement. The material facts are stated in the opinion. The trial court erred in directing judgment for the defendants.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 8, 1892, which affirmed a judgment in favor of defendant entered upon a verdict directed by the court. This action was brought to recover back a sum paid in satisfaction of an assessment for a local improvement. The material facts are stated in the opinion. The trial court erred in directing judgment for the defendants. (Redmond v. Mayor. etc., 125 N. Y. 632; Trimmer v. City of Rochester, 134 id. 76.) The case should have been submitted to the jury according to the…
1Opinion of the Court
Andrews, Ch. J.
This case was before this court on a former appeal by the defendant, from an affirmance by the General Term of the judgment of the Special Term rendered on the first trial in favor of the plaintiff, on which appeal the judgment was reversed and a new trial ordered upon the grounds stated in the opinion (125 N. Y. 617).
In determining the present appeal, we must be guided by the former decision upon any question there decided, applicable to the case as now presented. We held on the former appeal that the assessment, though valid on its face, was void for the reason that the work…
2Cases cited1 opinion
- Tripler v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1891
3Cited by5 opinions
- People Ex Rel. Wessell, Nickel & Gross v. CraigNew York Court of Appeals · 1923
- Adams v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1897
- Mutual Life Insurance v. Mayor of New YorkNew York Supreme Court · 1894
- Palmer v. City of SyracuseNew York Supreme Court · 1899
- Smith v. Mayor of City of New YorkNew York Supreme Court · 1894