People Ex Rel. Farrington v. . Mensching
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 19, 1906, which affirmed an order of Special Term, dismissing a writ of habeas corpus.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 19, 1906, which affirmed an order of Special Term, dismissing a writ of habeas corpus. On the first of August, 1906, the relator was arrested by the respondent under a criminal warrant, which charged that “ on the 26th day of July, 1906, at the city of Hew York, in the county of Hew York, one Irving K. Farrington did sell and deliver to Donald C. Catlin certificates of stock without making any memorandum of sale and without affixing any stamp or stamps and without the payment…
1Opinion of the CourtVann, J.
The Tax Law, as amended by chapter 241 of the Laws of 1905, imposed a tax “ on all sales, or agreements to sell, or memoranda of sales or deliveries or transfers of shares or certificates of stock in any domestic or foreign association, company or corporation, made after the first day of June, 1905,” of two cents “ on each hundred dollars of face value or fraction thereof.” (§ 315.)
By chapter 414 of the Laws of 1906, section 315 was amended “to read as follows,” that is, the original section was repeated in liceo verba, except that the words “ share of one ” were inserted in the taxing…
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