Hatch v. . Mayor, Etc., City of New York
New York Court of Appeals
Appeal from judgment of the Superior Court of the city of Hew York, affirming a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. (Eeported below, 13 J. & S. 599.) The nature of the action and the facts appear sufficiently in the opinion. The assessments deducted from the award are not an offset or counter-claim against the plaintiff Hatch.
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Appeal from judgment of the Superior Court of the city of Hew York, affirming a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. (Eeported below, 13 J. & S. 599.) The nature of the action and the facts appear sufficiently in the opinion. The assessments deducted from the award are not an offset or counter-claim against the plaintiff Hatch. (Pearse v. Barton, 3 Metc. 520; Shaw v. Peckett, 26 Vt. 482; Lane Co. v. Oregon, 7 Wall. 71; Matter of Deering, 55 How. Pr.; Sharp v. Spier, 4 Hill, 76; Doughty v. Hope, 3 Denio, 594; Striker v. Kelly, 2 id. 323;…
1Opinion of the Court
Folger, Ch. J.
This is an action to recover the amount of an award. The award was made for the damages done to premises by a change of the grade of the street on which they fronted. The street was in Hew York city, and the change was made by the authorities of that municipality. It is not denied but that the award was lawfully made. It was not made to the plaintiff in this action but to one Bowes. ■ It is a finding of fact, however, and. not excepted to, that the plaintiff was the person really entitled to it. The finding is based upon grounds not appearing in the award.
The city, however, paid…
2Cases cited2 opinions
- Russell v. Mayor of New-YorkNew York Supreme Court · 1845
- Hovey v. MayoSupreme Judicial Court of Maine · 1857
3Cited by10 opinions
- Genet v. . City of BrooklynNew York Court of Appeals · 1885
- Pond v. . HarwoodNew York Court of Appeals · 1893
- Hilton v. City of St. LouisSupreme Court of Missouri · 1889
- Johnson v. PettitAppellate Division of the Supreme Court of the State of New York · 1907
- Youngs v. StoddardAppellate Division of the Supreme Court of the State of New York · 1898
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