Legal Opinion

People Ex Rel. Glenn's Falls Insurance v. Ferguson

New York Court of Appeals

Decided January 5, 1868PublishedCited by 17 opinions

This was a common law certiorari to review the action'of the assessors of the town of Queensbury,and compel them- to strike from the assessment roll of said town, for 1866, an assessment for personal property," ahd " an entry on the assessment roll of personal property erroneously omitted in 1865. Instead of a return, the case has been argued upon h"statement-agreed'upon as the facts,"With a stipulation for the entry of judgment.

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This was a common law certiorari to review the action'of the assessors of the town of Queensbury,and compel them- to strike from the assessment roll of said town, for 1866, an assessment for personal property," ahd " an entry on the assessment roll of personal property erroneously omitted in 1865. Instead of a return, the case has been argued upon h"statement-agreed'upon as the facts,"With a stipulation for the entry of judgment. The case presents two questions-for consideration: 1. Was the entry on the assessment roll of $30,000, as for personal property,-alleged to have been-' erroneously…

1Opinion of the Court

Hunt, Ch.J.

Prior to the year 1853 moneyed corporations were assessed upon the amount of their nominal capital, whether its value in fact was more or less than its nominal amount (People v. Dolan, 36 N. Y. R. 62). In that year, and again in 1857 (Laws 1857, 2d vol. p. 1), the statute was amended, so that the assessment was made upon the capital stock and its surplus profits exceeding ten per cent., “ at its actual value.” The principle of assessing upon the actual value of the stock, instead of its nominal amount, was then introduced (auth. sup.).

The rule of assessing individuals upon their…

2Cases cited1 opinion

  1. Oswego Starch Factory v. . DollowayNew York Court of Appeals · 1860

3Cited by17 opinions

  1. United States v. Gilbert Associates, Inc.Supreme Court of the United States · 1953
  2. People Ex Rel. Westchester Fire Insurance v. DavenportNew York Court of Appeals · 1883
  3. State ex rel. American Exp. Co. v. State Board of Assessment & EqualizationSouth Dakota Supreme Court · 1892
  4. People Ex Rel. Cornell Steamboat Co. v. DederickNew York Court of Appeals · 1900
  5. People ex rel. Manhattan Fire Insurance v. Board of Commissioners of Taxes & AssessmentsNew York Court of Appeals · 1879

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