Legal Opinion

People ex rel. Commercial Cable Co. v. Morgan

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

Decided September 9, 1903PublishedCited by 1 opinion

Certiorari by the people, on relation of the Commercial Cable Company,, against William J. Morgan, as Comptroller of the state of New York, to review a revision of a franchise tax assessed against the relator. Comptroller’s determination modified.

1Opinion of the CourtSmith, J.

The relator having paid a dividend of 8 per cent, in the year 1897 was required by the statute to pay a tax of 2 per cent, upon the par value of its capital stock employed within this state and upon each dollar of such amount. Its business, as appears by the report made to the Comptroller, is “submarine cables, including repair steamers and stations in Nova Scotia and Europe.” Its capital stock was of the par value of $10,000,000. There was concededly employed of its capital without the state $13,162,068.33. Certain assets to the amount of $1,772,161.71 are confessedly within the state of New…

2Cases cited3 opinions

  1. People Ex Rel. Singer Manufacturing Co. v. WempleNew York Court of Appeals · 1896
  2. People Ex Rel. Seth Thomas Clock Co. v. WempleNew York Court of Appeals · 1892
  3. People ex rel. Union Ferry Co. v. RobertsAppellate Division of the Supreme Court of the State of New York · 1901

3Cited by1 opinion

  1. People ex rel. Consolidated Ginseng Co. of America v. KelseyAppellate Division of the Supreme Court of the State of New York · 1905

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