Roanoke Waterworks Co. v. Anderson

AUGUSTUS N. HAND, District Judge.

This is an action for the return of taxes alleged to have been improperly exacted from the plaintiff.

On January 1,1916, the plaintiff executed a mortgage securing a bond issue. The bonds each contained the following clause: “The principal and interest on this bond are payable whenever lawful without deductions for taxes which the company may be required to pay or to retain therefrom by any governmental authority of the United States, or any state, county or municipality therein in the United States gold coin at the office of the Commercial Trust Company in the…