People Ex Rel. United States Title Guaranty Co. v. State Tax Commission
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 16, 1920, which reversed, on certiorari, a determination of the state tax commission fixing the amount of a tax due upon the recording of a mortgage.
1Opinion of the CourtCabdozo, J.
One Flor executed a.bond and mortgage in favor of the relator for $4,500. The mortgage contained a covenant that “ upon the request of the mortgagor ” the mortgagee might “ at its option ” satisfy the mortgage, and make a larger loan, to be secured by a new mortgage, in lieu of the one discharged. Thereafter the bond was canceled, the mortgage satisfied of record, and a new mortgage, securing a new bond for $5,000, and running for a longer term, delivered to the lender. The mortgagee, when offering the latter mortgage for record, tendered payment of a tax computed upon $500, the difference…
2Cases cited1 opinion
- People ex rel. Home Mortgage Investment Co. v. State Board of Tax CommissionersAppellate Division of the Supreme Court of the State of New York · 1918
3Cited by19 opinions
- People Ex Rel. Banner Land Co. v. State Tax CommissionNew York Court of Appeals · 1926
- New York State Gas & Electric Corp. v. GilchristAppellate Division of the Supreme Court of the State of New York · 1924
- Sverdlow v. BatesAppellate Division of the Supreme Court of the State of New York · 1954
- People ex rel. Jewelers Building Corp. v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1925
- People ex rel. New York Title v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1927
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