Mayor of New York v. Colgate
The Superior Court of New York City
This action was brought to enforce payment of the sum of $265, the amount of an assessment imposed on certain lands of the defendant in the City of New York, for .the benefit accruing to such lands, in consequence of the widening and straightening of John shreet, in said city, together with interest on .that sum from April 3, 1839, the date of the confirmation of the report ■ of such assessment.
Read the full summary
This action was brought to enforce payment of the sum of $265, the amount of an assessment imposed on certain lands of the defendant in the City of New York, for .the benefit accruing to such lands, in consequence of the widening and straightening of John shreet, in said city, together with interest on .that sum from April 3, 1839, the date of the confirmation of the report ■ of such assessment. The action was tried by the Court without a jury, and judgment was given for the defendants. Prom that judgment the plaintiffs have appealed. The facts of the case are briefly these : Before the 12th…
1Opinion of the CourtCampbell, J.
The first question is what was the operation *11of the original proceedings for the widening of John street on the land in question, belonging to the defendant. ' It was contended by the counsel for the defendant that the lien was not in the nature of a mortgage, because § 223 of the general act, passed April 9, 1813, did not apply; that such general act simply operated to reduce the several laws 'previously existing in relation to the city of New York into one act, and that no new powers or rights were given to the plaintiffs thereby, except in any case where there was some new provision; that…
2Cited by1 opinion
- Allen v. Mayor of New YorkNew York Court of Common Pleas · 1855