Coleman v. Booth
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) Good-will is recognized as a species of property which may have great value. As such it has been held to be taxable by the State. State ex rel. v. Jones, 51 Ohio St. 492; Express Co. v. Ohio State Auditor, 165 U. S. 194; People ex rel. v. Roberts, 154 N. Y. 101; Beebe v. Hatfield, 67 Mo. App. 609; White v. Jones, 79 App. Div.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) Good-will is recognized as a species of property which may have great value. As such it has been held to be taxable by the State. State ex rel. v. Jones, 51 Ohio St. 492; Express Co. v. Ohio State Auditor, 165 U. S. 194; People ex rel. v. Roberts, 154 N. Y. 101; Beebe v. Hatfield, 67 Mo. App. 609; White v. Jones, 79 App. Div. (N. Y.) 373; Washburn v. Wall Paper Co., 81 Fed. 17. (2) Even though a corporation may not have a cash surplus, if it has accumulated property in excess of .its. capital, such excess may be…
1Opinion of the Court
RAILEY, C.
— This action was begun in the circuit court of St. Louis City, on September 15, 1911, by respondent, Prank B. Coleman, as trustee in bank-' ruptcy of the estate of the George D. Allen Paper Company, to recover against appellants, as executor and executrix of the estate of - Charles D. Garnett, deceased, the sum of $80,487.
It is admitted that Coleman was appointed trustee in bankruptcy of said estate, and that the defendants were duly appointed as executor and executrix of the estate of Charles D. Garnett, deceased.
It appears from the record that Charles D. Gar-nett and George D.…
2Cases cited2 opinions
- Williams v. . Western Union Telegraph Co.New York Court of Appeals · 1883
- Washburn v. National Wall-Paper Co.Court of Appeals for the Second Circuit · 1897
3Cited by13 opinions
- Hess Warming & Ventilating Co. v. Burlington Grain Elevator Co.Supreme Court of Missouri · 1919
- Hodde v. NobbeMissouri Court of Appeals · 1920
- Jesson v. NoyesCourt of Appeals for the Ninth Circuit · 1917
- Schmitt v. Eagle Roller Mill Co.Supreme Court of Minnesota · 1937
- State Ex Rel. North Todd Gentry v. BraySupreme Court of Missouri · 1929
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