Hatch v. Mayor of New York

Headnote

NEW YORK CITY.

1. Grades of streets, changing of, awards for.

1. Award of damages under chapter 52, of the Laws of 1852,-made to a certain named peí son by the board of assessors, and part paid by the comptroller, with the assent of such named person, to the collector of assessments and cleric of arrears, in discharge of certain assessments for certain improvements theretofore laid upon the property, in respect whereof said award was made, and balance paid under the provisions of said chapter to the city chamberlain.

(a) Claimant in opposition to the person named in the assessment list as entitled thereto, Remedy of.

1. Has no action against the mayor, etc., for the part paid to the collector and clerk of arrears.

8. Has an action against the chamberlain for the part remaining in his hands.

The appeal presents another phase of the case of Hatch v. Bowes, impleaded, reported 43 N. Y. Super.

Ct. 426 , where a statement of the case will be found. The appeal the decision wherein is reported in 43 N. Y. Sup. Ct. was from an order overruling a demurrer interposed by defendant, Bowes. After the decision of that appeal, the defendant, Bowes, and defendants, The Mayor, &c., and J. Nelson Tappan, chamberlain, &c., answered.

The trial of the issues joined by these answers resulted in a judgment dismissing the complaint as to the mayor, &c., with costs, adjudging that, as against defendant, Bowes, the plaintiff was entitled to the whole award, with costs, and that said Tappan, chamberlain, pay to plaintiff the sum of $336.39, the portion of the award remaining in his hands, with such interest as had actually accrued to him thereon, with costs.

The only appeal taken was that of plaintiff, from . that part of the judgment which dismissed his complaint as to the mayor, &c.