Garfield Real Estate Co. v. Colbert

Judgment reversed, with costs, and complaint dismissed, with costs. Held, that inasmuch as plaintiff’s assignor might have procured a severance of this assessment^[1] at a time antedating the payment, the payment of the entire tax was not essential to the protection of the property of plaintiff’s assignor and, hence, that payment was voluntary and not compulsory. All concurred.