Mutual Benefit Life Insurance v. Board of Supervisors
New York Court of Appeals
These actions were instituted to test the liability of these plaintiffs to be taxed in the sum of $100,000, deposited by them with the comptroller of this state. The plaintiffs are a corporation under the laws of the state of New Jersey, for the business of life insurance. They had an office in the city of New York, and an agent there for the transaction of such business.
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These actions were instituted to test the liability of these plaintiffs to be taxed in the sum of $100,000, deposited by them with the comptroller of this state. The plaintiffs are a corporation under the laws of the state of New Jersey, for the business of life insurance. They had an office in the city of New York, and an agent there for the transaction of such business. By an act of the legislature of this state passed in 1851 {chap. 95), all companies transacting the business of life insurance within this state, were required to deposit with the comptroller of this state $100,000 in public…
1Opinion of the CourtLeonard, J.
The question presented in this case has been passed upon by this court adversely to the plaintiffs (14 N. Y. 534). Assuming, as the complainant alleges, that the assessment is illegal, the plaintiffs have, or had, at least two complete remedies at law. The assessment might have been reviewed and corrected by certiorari, or have been stricken from the roll by mandamus. These remedies are adequate for the plaintiffs, as there is abundant authority to show, cited by the learned counsel for the respondents; where there are such remedies fully adequate, the aid of a court of equity cannot be…
2Cases cited1 opinion
- Heywood v. . the City of BuffaloNew York Court of Appeals · 1856
3Cited by5 opinions
- Corwin v. CampbellNew York Supreme Court · 1872
- Hasbrook v. Kingston Board of EducationNew York Court of Appeals · 1867
- Chase v. VanderbiltThe Superior Court of New York City · 1874
- Nichols v. VoorhisNew York Supreme Court · 1879
- Rome, Watertown & Ogdensburgh Railroad v. SmithNew York Supreme Court · 1886