People Ex Rel. United States Rubber Co. v. Knapp
New York Court of Appeals
Appeal from, an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 9, 1921, which confirmed in certiorari proceedings a determination of the state tax commission fixing a mortgage recording tax on a mortgage made by relator and recorded in New York county. The relator is a foreign corporation doing business in the state of New York.
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Appeal from, an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 9, 1921, which confirmed in certiorari proceedings a determination of the state tax commission fixing a mortgage recording tax on a mortgage made by relator and recorded in New York county. The relator is a foreign corporation doing business in the state of New York. On or about March 5th, 1917, it executed a mortgage to the Central Trust Company of New York and one James N. Wallace as trustees, to secure the payment of certain bonds in the amount of $97,252,900. At the time of…
1Opinion of the CourtHogan, J.
The interest of the relator in and to the real property valued by the state tax commission for the purposes of the mortgage tax is detailed at length in the lease of the premises dated May 1st, 1911. Certain provisions of the instrument to which attention should be called are:
The term is twenty-one years from May 1, 1911, the rental for the first year is $20,000, thereafter the annual rental to be $40,000, payable in installments on the first day of each and every month during said term.
The tenant (relator) covenanted that it would within sixteen months from the commencement of the term erect…
2Cases cited5 opinions
- In re WilliamNew York Supreme Court · 1839
- Clarkson v. . SkidmoreNew York Court of Appeals · 1871
- Larkin v. . MislandNew York Court of Appeals · 1885
- People ex rel. Delaware & Hudson Co v. FeitnerAppellate Division of the Supreme Court of the State of New York · 1901
- People Ex Rel. Delaware and Hudson Company v. . FeitnerNew York Court of Appeals · 1902
3Cited by10 opinions
- United States v. Four Parcels of LandDistrict Court, S.D. New York · 1937
- State v. RobinsonSupreme Court of Minnesota · 1963
- State ex rel. State Highway Commission v. VitaleSupreme Court of Missouri · 1967
- Helgeson v. GisselbeckCourt of Appeals of Minnesota · 1985
- Bernagozzi v. Mitchell Realty Co.New York Court of Claims · 1929
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