
    John Weinberger v. Jacob Fauerbach.
    
      (Decided in January, 1873.)
    In a suit brought (under 2 R. S. of 1813, ch. 86, § 175, p. 408) to recover money paid for an assessment, which ought to have been paid by another person, as so much money paid for the use of the person who ought to have paid the same, the facts showing the legality of the assessment must be proved, although it is provided by that act, that, in such a suit, the assessment, with proof of payment, shall be conclusivé evidence.
    Reported in full in 14 Abb. Pr. N. S. 91.
    Appeal by defendant from a judgment of the Fourth District Court.
    
      T. F. Neville, for appellant.
    
      S. D. Sewards, for respondent.
   Opinion of the court by Loew, J.

Judgment reversed. 
      
       Present, Daly, Oh. J., Eobinson, and Loew, JJ.
     