New York Terminal Co. v. Gaus
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 29, 1910, in favor of defendant, upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The nature of the controversy and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 29, 1910, in favor of defendant, upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The nature of the controversy and the facts, so far as material, are stated in the opinion. The acts of the comptroller were null and void on the grounds that he did not have (1) jurisdiction of the subject-matter, as the law only makes provision as to the taxing of a “ corporation, joint-stock company or association doing business in the state * * * ■ for…
1Dissent
Cullen, Ch. J.
(dissenting). I dissent from the decision about to he made. I admit that the agreed statement of facts fails to state with proper' accuracy certain matters material to the proper disposition of the controversy, but I think the inferences to be drawn from the statement are clear. If, however, I err in that view and the statement is insufficient, the judgment below should he reversed and the proceeding dismissed.
It is stated that in an action to foreclose a mortgage against the property of the Brooklyn Ferry Company a receiver of said company was appointed. I assume by this it is…
2Cases cited15 opinions
- Conard v. Atlantic Ins. Co. of NYSupreme Court of the United States · 1828
- United States v. Hooe Et Al.Supreme Court of the United States · 1805
- Thelusson v. SmithSupreme Court of the United States · 1817
- Memphis & Little Rock Railroad v. Railroad CommissionersSupreme Court of the United States · 1884
- Savings & Loan Society v. Multnomah CountySupreme Court of the United States · 1898
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