Legal Opinion

Bennett v. . the City of Buffalo

New York Court of Appeals

Decided June 5, 1858PublishedCited by 7 opinions

Appeal from a judgment of the Supreme Court. The action was in the nature of trespass, for taking and carrying away a quantity of bank notes, the property of the plaintiff, of the value of $4,824.65. The defendant justified the taking of the notes, by a collector of taxes of the city, for the nonpayment of an assessment for benefit against the real estate of the plaintiff, which, as the defendant contended, was a charge upon the plaintiff personally.

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Appeal from a judgment of the Supreme Court. The action was in the nature of trespass, for taking and carrying away a quantity of bank notes, the property of the plaintiff, of the value of $4,824.65. The defendant justified the taking of the notes, by a collector of taxes of the city, for the nonpayment of an assessment for benefit against the real estate of the plaintiff, which, as the defendant contended, was a charge upon the plaintiff personally. The assessment was for the expense of constructing a ship canal, and was made by virtue of the act consolidating and amending the prior acts…

1Opinion of the Court

Johnson, Oh. J.

The question of the liability of the corporation, if the warrant on which the plaintiff’s property was taken, was not authorized by law, we regard as settled in favor of the plaintiff by the adjudications in this court, (Conrad v. Ithaca, 16 N. Y., 158; Weet .v. Brockport, id., 161, in note; Howell v. Buffalo, 15 id., 512). In the last case cited, an error occurs in the report which should be corrected. Judge Comstock agreed' with the majority of the court on the original question, as to the responsibility of the corporation for the wrongful acts of its officers, and dissented…

2Cases cited1 opinion

  1. Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857

3Cited by7 opinions

  1. Clark v. . NortonNew York Court of Appeals · 1872
  2. Overing v. FooteCommission of Appeals · 1875
  3. Overing v. . FooteNew York Court of Appeals · 1871
  4. Chase v. . ChaseNew York Court of Appeals · 1884
  5. Scammon v. City of ChicagoIllinois Supreme Court · 1867

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