Pooley v. City of Buffalo

The plaintiff seeks to recover for money paid by himself and assignors on an assessment for paving Forest avenue, on the ground that the assessment was illegal and void, and when paid he was ignorant of the facts which rendered it invalid.

This court has twice held that the assessment was invalid by reason of the neglect of the common council to comply with the statutory provisions of the charter in the proceedings taken to make the assessment.

Once in Granger v. The City of Buffalo, reported in 6 Abb. N. C., 238, and again when the case was before this court for a second time.

If the question…