Annie B. Phelps, Appellant v. the Mayor, Aldermen and Commonalty of the City of New York, Respondent

Summary

The Court held that the ordinance authorizing the commissioner of public works to determine the manner of a costly public improvement was void because it unlawfully delegated the common council's discretionary power, and consequently the assessment based on that ordinance was valid on its face; because the plaintiff's payment was voluntary and not made under duress, she could not recover the monies paid. The order of the General Term reversing the Special Term judgment was affirmed.