Matter of Receivership of the Columbian Insurance
New York Court of Appeals
Joseph Morrison and Benajah Leffingwell, receivers of the Columbian Insurance Company, appointed in proceedings on the dissolution of that company, under the provisions of the Revised Statutes, .applied to the supreme court, by which they were appointed, stating that the receiver of taxes had notified them that he held a warrant of personal taxes due from the company to the city of New York, amounting to one hundred and two thousand two hundred and ninety-one dollars and…
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Joseph Morrison and Benajah Leffingwell, receivers of the Columbian Insurance Company, appointed in proceedings on the dissolution of that company, under the provisions of the Revised Statutes, .applied to the supreme court, by which they were appointed, stating that the receiver of taxes had notified them that he held a warrant of personal taxes due from the company to the city of New York, amounting to one hundred and two thousand two hundred and ninety-one dollars and ninety-one cents, and that he threatened to levy on the property of the company, and they asked that the tax be reduced;…
1Opinion of the Court
By the Court.
Porter, J.
There is great force in the argument submitted by the counsel for the corporation of the city of Hew York, in support of the broad, position, that the people of this State have succeeded to all the prerogatives of the British crown, so far as they are essential to the efficient exercise of powers, inherent in the nature of civil government, and that there is the same priority of right here, in respect to the payment of taxes, which existed at common law in favor of the public treasury.
It is unnecessary, however, to express an opinion on this question, as we entertain no…
2Cases cited1 opinion
- People v. GilbertNew York Supreme Court · 1820
3Cited by4 opinions
- Wise v. L. & C. Wise Co.New York Court of Appeals · 1897
- In re the Accounting of GinsburgNew York Supreme Court · 1899
- In re the Final Accounting of BowlbyNew York Supreme Court · 1901
- New York Terminal Co. v. GausNew York Court of Appeals · 1912