New York Court of Appeals
Walter Strusburgh, Appellant v. the Mayor, Aldermen and Commonalty or the City of New York, Respondent
January 17, 188287 N.Y. 452
Summary
The Court held that a landowner who paid an assessment that was valid on its face but illegal in part may bring an equitable action to vacate the illegal excess and recover the over‑payment, despite the assessment not being vacated, because the payment was made under a mistake not attributable to the plaintiff.