Legal Opinion

People v. . Horn Silver Mining Co.

New York Court of Appeals

Decided March 15, 1887PublishedCited by 32 opinions

Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made November 17, 1885, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. (Eeported below, 38 Hun, 276.) The nature of the action and the material facts are stated in the opinion.

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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made November 17, 1885, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. (Eeported below, 38 Hun, 276.) The nature of the action and the material facts are stated in the opinion. The defendant was not, during the years ending November 1,1881, and November 1, 1882, doing business in the State of New York, within the meaning of the statute, and hence is not liable to taxation under the act of 1880 (Chap. 542), as amended. (Eq. Trust Co.…

1Opinion of the CourtEarl, J.

This action was commenced to recover certain taxes claimed to be due from the defendant under chapter 542 of the Laws of 1880, as amended by chapter 361 of the Laws -of 1881, and chapter 151 of the Laws of 1882. The plaintiff claims in its complaint that there was due January 1, 1882, from the defendant, the sum of $7,500, being the tax at the rate of one and one-half mills of each dollar of valuation of its capital stock at $5,000,000, and also $1,500 as a penalty for ■neglect or refusal to pay the tax for two years. They also claim that there was due January 1, 1883, from the defendant, the…

Also in this document: Dissent.

2Cases cited2 opinions

  1. The People v. . the Home Insurance Co.New York Court of Appeals · 1883
  2. People v. Equitable Trust Co. of New LondonNew York Court of Appeals · 1884

3Cited by32 opinions

  1. People v. . American Bell Telephone Co.New York Court of Appeals · 1889
  2. People Ex Rel. Manila Electric Railroad & Lighting Corp. v. KnappNew York Court of Appeals · 1920
  3. Neyens v. WorthingtonMichigan Supreme Court · 1908
  4. First National Bank v. LeeperMissouri Court of Appeals · 1906
  5. Union Trust Co. v. SickelsAppellate Division of the Supreme Court of the State of New York · 1908

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