People Ex Rel. United Verde Copper Co. v. Roberts
New York Court of Appeals
Appeal from an older of the Appellate Division of the Supreme Court in the third judicial department, entered January 24, 1898, affirming, on certiorari, a decision of the state comptroller imposing a franchise tax, including penalty and interest, upon the capital stock of the relator employed within this state. The facts, so far as material, are stated in the opinion. The bonds did not represent the capital stock of the relator, but its surplus. (Williams v. W. U. Tel.
Read the full summary
Appeal from an older of the Appellate Division of the Supreme Court in the third judicial department, entered January 24, 1898, affirming, on certiorari, a decision of the state comptroller imposing a franchise tax, including penalty and interest, upon the capital stock of the relator employed within this state. The facts, so far as material, are stated in the opinion. The bonds did not represent the capital stock of the relator, but its surplus. (Williams v. W. U. Tel. Co., 93 N. Y. 162; Lee v. Neuchatel Asphalt Co., L. R. [41 Ch. Div.] 1; Thompson on Corps. § 2153; Morawetz on Corps. § 442;…
1Opinion of the CourtBartlett, J.
The relator is a domestic corporation, organized in 1883, in the language of its certificate, “ for the purpose of carrying on some of its business in the city of Hew York, but the mining, milling and other operations of the company are to be carried on near the city of Prescott, county of Yavapai, Arizona Territory.”
The record discloses that the only business transacted in the state of Hew York is the maintaining of an office where certain accounts are kept, and where the vice-president, secretary and treasurer attend, and the occasional making of contracts to be performed in other states;…
2Cases cited5 opinions
- People Ex Rel. Pennsylvania Railroad v. WempleNew York Court of Appeals · 1893
- People Ex Rel. American Contracting & Dredging Co. v. WempleNew York Court of Appeals · 1892
- People Ex Rel. Singer Manufacturing Co. v. WempleNew York Court of Appeals · 1896
- People Ex Rel. Western Electric Co. v. CampbellNew York Court of Appeals · 1895
- People Ex Rel. John A. Roebling's Sons' Co. v. WempleNew York Court of Appeals · 1893
3Cited by9 opinions
- People Ex Rel. Hull v. GravesNew York Court of Appeals · 1942
- Von Baumbach v. Sargent Land Co.Court of Appeals for the Eighth Circuit · 1914
- Debrabant v. Commercial Trust Co.New Jersey Court of Chancery · 1933
- Peo. Ex Rel. Commercial Cable Co. v. . MorganNew York Court of Appeals · 1904
- Wittenberg v. Federal Mining & Smelting Co.Court of Chancery of Delaware · 1926
4 more not listed; retrieve them via the Exa API.