People Ex Rel. the Panama 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 March 26, 1886, which affirmed an order of Special Term, dismissing a writ of certiorari, brought to review an assessment made by defendant, of the capital stock of the relator, a New York corporation, for the year 1882. The material facts are stated in the opinion. The relator is entitled to show the actual value of its real estate, situated in the United States of Colombia.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made March 26, 1886, which affirmed an order of Special Term, dismissing a writ of certiorari, brought to review an assessment made by defendant, of the capital stock of the relator, a New York corporation, for the year 1882. The material facts are stated in the opinion. The relator is entitled to show the actual value of its real estate, situated in the United States of Colombia. (95 N. Y. 562.) The testimony of the witness McCullough, taken by the referee and reported to the court, was competent…
1Opinion of the CourtAndrews, J.
The general rule for the taxation of corpora^ •tians liable to taxation on their capital is prescribed in section 3, chapter 456, of the Laws of 1857, as follows: “ The (Capital stock of every corporation liable to taxation, except such part as shall have been excepted in the assessmenbroll, or as .shall have been exempted by law, together with its surplus profits or reserved funds, exceeding ten per cent of its capital, after ■deducting the assessed value of its real estate, and all shares .of stock in other corporations actually owned by such company, which are taxable upon their capital…
2Cases cited7 opinions
- People Ex Rel. Griffin v. Mayor of BrooklynNew York Court of Appeals · 1851
- Kirtland v. HotchkissSupreme Court of the United States · 1879
- Society for Savings v. CoiteSupreme Court of the United States · 1868
- People Ex Rel. Twenty-Third Street Railroad v. Commissioners of TaxesNew York Court of Appeals · 1884
- Oswego Starch Factory v. . DollowayNew York Court of Appeals · 1860
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3Cited by23 opinions
- People Ex Rel. Jamaica Water Supply Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1909
- People Ex Rel. Union Trust Co. v. ColemanNew York Court of Appeals · 1891
- Somers v. City of MeridenSupreme Court of Connecticut · 1934
- People Ex Rel. D., L. W.R.R. Co. v. . ClappNew York Court of Appeals · 1897
- Oregon & Cal. R. R. v. Jackson CountyOregon Supreme Court · 1901
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