People Ex Rel. Twenty-Third Street Railroad v. Commissioners of Taxes
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made February 1,1884, which affirmed an order of Special Term affirming the proceedings of the commissioners of taxes and assessments of the city of New York in assessing the capital stock of the relator for the year 1882. ■ The provisions of the Revised Statutes for the separate assessment and taxation of real and personal estate are applicable to corporations as well as…
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made February 1,1884, which affirmed an order of Special Term affirming the proceedings of the commissioners of taxes and assessments of the city of New York in assessing the capital stock of the relator for the year 1882. ■ The provisions of the Revised Statutes for the separate assessment and taxation of real and personal estate are applicable to corporations as well as individuals. (1 R. S. [3d ed.], chap. 13, title 1; id., chap. 13, title 2, art. 1, § 6; id., chap. 13, title 4; id. 442, § 3 ;…
1Opinion of the CourtEarl, J.
The capital stock of the relator was $600,000, worth fifty per cent above par, and therefore of the actual value of $900,000. It had paid out and invested in real estate $515,000. The defendant, in making the assessment against the relator on account of its capital stock, deducted the latter sum from the former, and fixed the amount of the assessment at $325,000, whereas the balance was $385,000, which, upon the view of the law adopted by it, should have been the amount of the assessment. The relator claims that under the statutes the assessment should have been made by first deducting from…
2Cases cited2 opinions
- People Ex Rel. Citizens' Gas-Light Co. v. Board of AssessorsNew York Court of Appeals · 1868
- Oswego Starch Factory v. . DollowayNew York Court of Appeals · 1860
3Cited by58 opinions
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
- Mercantile Bank v. New YorkSupreme Court of the United States · 1887
- People, Ex Rel. Wood v. . LacombeNew York Court of Appeals · 1885
- Hadden v. Consolidated Edison Co.New York Court of Appeals · 1974
- People Ex Rel. Union Trust Co. v. ColemanNew York Court of Appeals · 1891
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