Austen v. Brigham
New York Supreme Court
In the matter of the petition of David E. Austen, as receiver of taxes, against William S. Brigham. Mo°tion for an order for the payment of a tax assessed against said Brigham.
1Opinion of the CourtBeekman, J.
The respondent has been taxed as a nonresident with respect to money invested by Mm in his business in the city of New York, which is that of a stockbroker. He is a member of the New York Stock Exchange, and it is conceded that the subject-matter of the agreement upon which the tax has been laid is Ms membership, or, as it is popularly described, his “seat,” in the exchange. That such membership is property is now too well settled to admit of question. Powell v. Waldron, 89 N. Y. 330; Platt v. Jones, 96 N. Y. 24. In the case of Powell v. Waldron, supra, Judge Finch, in considering the…
2Cases cited2 opinions
- Platt v. . JonesNew York Court of Appeals · 1884
- British Commercial Life Insurance v. Commissioners of Taxes & AssessmentsNew York Court of Appeals · 1865
3Cited by1 opinion
- People ex rel. Lemmon v. FeitnerAppellate Division of the Supreme Court of the State of New York · 1900