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.