People Ex Rel. Newburgh Savings Bank v. Peck
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 17,1898, and from the judgment entered in accordance therewith, affirming an order of the Special Term vacating, on certiorari, an assessment upon the surplus of the relator.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 17,1898, and from the judgment entered in accordance therewith, affirming an order of the Special Term vacating, on certiorari, an assessment upon the surplus of the relator. The relator is a savings bank, incorporated under chapter 252 of the Laws of 1852, and, by virtue of the provisions of the “ Banking Law,” (Chapter 689 of the Laws of 1892, section 132), is entitled to all the privileges and is subject to the liabilities created by the latter act. The assessor of the city…
1Opinion of the CourtHeat, J.
The important question, which this appeal brings up for our consideration and which, if decided in accordance with the view taken in the court below, will dispose of the whole case, is whether the surplus fund held by a savings bank in this state is liable to taxation, or not. The opinion of Mr. Justice Hirschberg, at Special Term, upon which the justices of the Appellate Division have, in the main, rested their affirmance of this order, very fully and satisfactorily covers the ground of discussion; but, because of the importance of the case, I think that our reasons for affirming the order…
2Cases cited4 opinions
- People Ex Rel. Savings Bank of New London v. ColemanNew York Court of Appeals · 1892
- Huntington v. Savings BankSupreme Court of the United States · 1878
- In Re the New York Institution for the Instruction of the Deaf & DumbNew York Court of Appeals · 1890
- Lewis v. Lynn Institution for SavingsMassachusetts Supreme Judicial Court · 1889
3Cited by7 opinions
- County of Herkimer v. Village of HerkimerAppellate Division of the Supreme Court of the State of New York · 1937
- Emigrant Industrial Savings Bank v. McGoldrickAppellate Division of the Supreme Court of the State of New York · 1944
- In re the Appraisal of the Property of the Estate of DeutschAppellate Division of the Supreme Court of the State of New York · 1905
- People ex rel. National Surety Co. v. FeitnerNew York Supreme Court · 1900
- In e Deutsch's EstateAppellate Division of the Supreme Court of the State of New York · 1905
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