Robert H. Fisher, Appellants v. the Mayor, Aldermen and Commonalty of the City of New York, Respondents

Summary

The Court held that the statute of limitations for recovering the balance of an award under the 1813 act does not begin until the entitled party files an application for payment after the four‑month period, so the plaintiff's action was timely. It also held that the 1837 assessment was barred by the statutory presumption of payment after twenty years and could not be used to offset the award. Accordingly, the lower court's judgment was reversed and a new trial ordered.