Legal Opinion

People ex rel. Colonial Trust Co. v. Morgan

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1900PublishedCited by 3 opinions

Certiorari issued out of the Supreme Court and attested on the-19th day of June, 1899, directed to William J. Morgan, as Comp-trailer 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 relative to the revision and readjustment of the accounts for taxes of the Colonial Trust Company, assessed against it under chapter 908 of the Laws of 1896, on its capital stock for the years…

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Certiorari issued out of the Supreme Court and attested on the-19th day of June, 1899, directed to William J. Morgan, as Comp-trailer 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 relative to the revision and readjustment of the accounts for taxes of the Colonial Trust Company, assessed against it under chapter 908 of the Laws of 1896, on its capital stock for the years ending October 31, 1897, and October 31, 1898, respectively. The relator is a domestic corporation. Its capital stock…

1Opinion of the Court

Herrick, J.:

The tax against the relator is levied by the Comptroller pursuant to sections 182 and 190 of chapter 908 of the Laws of 1896, reading as follows:

*128“ § 182. Franchise tax on corporations.— Every corporation, joint stock company or association incorporated, organized or formed under, by or pursuant to law in this state, shall pay to the state treasurer annually, an annual tax to be computed upon the basis of the amount of its capital stock employed within this state and upon each dollar of such amount, at the rate of one-quarter of a mill for each one per centum of dividends made and…

2Cases cited2 opinions

  1. People Ex Rel. Union Trust Co. v. ColemanNew York Court of Appeals · 1891
  2. The People v. . the Albany Insurance Co.New York Court of Appeals · 1883

3Cited by3 opinions

  1. People ex rel. National Surety Co. v. FeitnerNew York Supreme Court · 1900
  2. People ex rel. Metropolitan Securities Co. v. KelseyAppellate Division of the Supreme Court of the State of New York · 1905
  3. People ex rel. Mutual Trust Co. v. MillerAppellate Division of the Supreme Court of the State of New York · 1903

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