Bank of Utica v. City of Utica
New York Court of Chancery
This case came before the court, upon the complainants’ bill and a stipulation of the parties, for the purpose of settling the question as to the right, claimed by the city of Utica, to tax a surplus fund of $70,000, remaining in the bank undistributed, over and above the capital stock of the company.
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This case came before the court, upon the complainants’ bill and a stipulation of the parties, for the purpose of settling the question as to the right, claimed by the city of Utica, to tax a surplus fund of $70,000, remaining in the bank undistributed, over and above the capital stock of the company. By the stipulation, the defendants agreed to waive all objections of form, either as to the jurisdiction of the court or otherwise, for the purpose of presenting to the chancellor the single question, whether the complainants were liable to taxation on their surplus fund. And it was further…
1Opinion of the Court
The Chancellor.
As the charter of the city of Utica gives to the common council of that city the exclusive control and direction as to the assessment and collection of the city taxes, 1 think the complainants had a perfect remedy at law, by an application to the supreme court for a mandamus, to compel the common council to correct their assessment and taxation of the property of the bank, if it was illegal. The remedy by mandamus, however, would be much more imperfect and doubtful, in the case of an ordinary town and county tax, where the assessment is made by one body and the tax is imposed…
2Cited by31 opinions
- Dows v. City of ChicagoSupreme Court of the United States · 1871
- Oswego Starch Factory v. . DollowayNew York Court of Appeals · 1860
- Coite v. Society for SavingsSupreme Court of Connecticut · 1864
- People Ex Rel. Mutual Life Insurance v. Board of SupervisorsNew York Court of Appeals · 1857
- The People v. . Commissioners of Taxes and AssessmentsNew York Court of Appeals · 1861
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