People ex rel. Spencerian Pen Co. v. Kelsey
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court and bearing date the 4th day of June, 1904, directed to Otto Kelsey, as Comptroller of the State of New York, commanding him to certify and return to the office of the clerk of the county of Albany all and singular his proceedings had in relation to the assessment of the relator for a license fee arid a franchise tax for the year ending October 31, 1903. The relator is a foreign corporation, organized under the laws of the State of…
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Certiorari issued out of the Supreme Court and bearing date the 4th day of June, 1904, directed to Otto Kelsey, as Comptroller of the State of New York, commanding him to certify and return to the office of the clerk of the county of Albany all and singular his proceedings had in relation to the assessment of the relator for a license fee arid a franchise tax for the year ending October 31, 1903. The relator is a foreign corporation, organized under the laws of the State of New Jersey, and it has a salesroom and place of business in the city of Newark, in that State. Its capital stock is…
1Opinion of the Court
Parker, P. J.:
The first question to be determined upon this appeal is, whether the Comptroller could properly include the value of the relator’s trade mark in estimating the value of its capital stock employed within this State.
The attorney for the relator claims that a trade mark, being intangible property, cannot, in its very nature, be included in valuing the capital stock of a foreign corporation employed withi/n this State. The domicile of such a corporation being outside of the State, and the trade mark being the mere right to exclusively use a certain symbol or device which serves to…
2Cases cited3 opinions
- People Ex Rel. A.J. Johnson Co. v. . RobertsNew York Court of Appeals · 1899
- People ex rel. Victor Koechl & Co. v. MorganAppellate Division of the Supreme Court of the State of New York · 1904
- People ex rel. American Surety Co. v. CampbellNew York Supreme Court · 1892
3Cited by2 opinions
- People ex rel. Nesmith & Constantine Co. v. MillerAppellate Division of the Supreme Court of the State of New York · 1905
- People ex rel. New York Fire Insurance Exchange v. PhillipsAppellate Division of the Supreme Court of the State of New York · 1922