Legal Opinion

Mutual Ins. Co. of Buffalo v. . Supervisors of Erie

New York Court of Appeals

Decided April 5, 1851PublishedCited by 11 opinions

[443] The Mutual Insurance Company of Buffalo sued the Board of Supervisors of Erie county to recover back money paid upon a collector’s warrant.

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[443] The Mutual Insurance Company of Buffalo sued the Board of Supervisors of Erie county to recover back money paid upon a collector’s warrant. On the trial before Sill, J. at the Erie county circuit, it was proved that the plaintiff was a corporation, created, organized, and doing business under and in pursuance of an act of the legislature of this state, passed April 18th, 1843, entitled “ An act to incorporate the Mutual Insurance Company of Buffalothat in the year 1849, the plaintiff was assessed in the ordinary manner, the sum of $455,56 for the tax of Erie county; that the defendants…

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The only question to be determined in this case is, whether the Mutual Insurance Company of Buffalo is, as a corporation, liable to taxation under the laws of this state. Is it a moneyed or stock corporation, deriving an income or profit from its capital or otherwise; and has it a capital on which a tax can, under the 4th title of the chapter in relation to taxes, be imposed? (1R.S. 414, tit. 4, § 1.) The term "moneyed corporation," as used in the 2d title of…

2Cases cited1 opinion

  1. Bank of Utica v. City of UticaNew York Court of Chancery · 1834

3Cited by11 opinions

  1. Fulton v. Town of DoverSupreme Court of Delaware · 1888
  2. Leather Mfrs.' Nat. Bank v. TreatCourt of Appeals for the Second Circuit · 1904
  3. British Commercial Life Insurance v. Commissioners of Taxes & AssessmentsNew York Court of Appeals · 1864
  4. Schwartz v. Bann-Cor MortgageMissouri Court of Appeals · 2006
  5. State Ex Rel. Intermountain Lloyds v. PorterMontana Supreme Court · 1930

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