Vaughn v. Village of Port Chester

This is an appeal from a judgment entered upon a trial at special term, which declared certain assessments upon the plaintiff’s property to be illegal andyyoid, and for a return of the money paid, with interest, upon such assessments by the plaintiff, upon the ground that such payment was made involuntarily, and under threats and coercion which amounted to duress. It will be seen, therefore, that the only question in the case is whether the proofs warranted the finding of fact below, “that such payment was against her will, and was not a voluntary payment on her part, and plaintiff was obliged and compelled to pay the same by reason of the coercive action, threats, and statements of the defendant, its officers and agents, to deprive her of her property if she did not pay the said assessments,” it being conceded that the said assessments were illegal and void. At the time of such payment the plaintiff was under a contract to sell her lands upon which such assessments had been levied, and give a good title thereto. The defendant refused to accept a deposit of the amount of the assessment as indemnity, or delay the sale until the validity of the assessment could be determined, and passed a resolution directing its treasurer to advertise her property for sale under a warrant then in the hands of the receiver of taxes of said village. At this time the receiver of taxes had published notice and demanded of plaintiff payment of these assessments, and sent a constable to notify plaintiff that her property would be sold unless said assessments were paid. The plaintiff, at the time of the payment, was prostrated with a serious illness, and was in no state of mind to contend with public officers armed with a warrant valid upon its face, but naturally thought, and had a right to think, they would make their threats good, and deprive her of her property. That the assessment was not paid voluntarily may be inferred from the fact that it