Purssell v. . Mayor, Etc., of the City of N.Y.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made February 4, 1878, affirming a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. (Reported below, 11 J. & S. 348.) This action was brought to recover back moneys paid on an assessment for a local improvement upon premises leased to plaintiff.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made February 4, 1878, affirming a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. (Reported below, 11 J. & S. 348.) This action was brought to recover back moneys paid on an assessment for a local improvement upon premises leased to plaintiff. By a covenant in plaintiff’s lease, he was bound to pay all assessments upon the property. Plaintiff paid the assessment May 10, 1873 ; prior to that his landlord had instituted proceedings to…
1Opinion of the CourtRapallo, J.
We are of opinion that this case falls within the principle of Peyser v. The Mayor, etc. (70 N. Y. 497). In that case the plaintiff, after having paid an assessment. which was an apparent lien upon his property, obtained an adjudication vacating and setting aside the assessment, and this court decided that he was entitled to a return of the money paid, and could maintain an action against the city therefor. The case was held to be analogous to that of one who, after judgment against him, pays the judgment, and subsequently obtains a reversal of it on appeal. He becomes in such case entitled…
2Cases cited1 opinion
- Peyser v. Mayor of New YorkNew York Court of Appeals · 1877
3Cited by11 opinions
- Tripler v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1891
- City of Rochester v. ChiarellaNew York Court of Appeals · 1983
- Corporate Property Investors v. Board of AssessorsAppellate Division of the Supreme Court of the State of New York · 1989
- Matter of RosenbaumNew York Court of Appeals · 1890
- Schultze v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1886
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