Franklin Trust Co. v. New Jersy
Court of Appeals for the First Circuit
Appeal from the Circuit Court of the United States for the District of Massachusetts. Suit in equity by the Franklin Trust Company against the Milford Fink Granite Quarries. On petition of the receiver of defendant for instructions, the court made an order directing the payment of certain franchise taxes to the state of N.ew Jersey, from which complainant and other creditors appeal.
1Opinion of the Court
ALDRICH, District Judge.
The taxes sought to.be enforced in this case are based upon a statute of a foreign jurisdiction. They are in the nature of a franchise tax, and the decree of the Circuit Court-gave them preference over unsecured local creditors in this jurisdiction.
The proposition as to what might be the status in this jurisdiction of a New Jersey tax levied upon property, under rules which exclude the idea of disproportion and arbitrary imposition," has no bearing whatever upon the question before us.
The taxes in question and the mode of assessment are admittedly arbitrary upon…
2Cases cited4 opinions
- New Jersey v. AndersonSupreme Court of the United States · 1906
- Commonwealth v. Lancaster Savings BankMassachusetts Supreme Judicial Court · 1878
- In re the taxation of The United States Car Co.Supreme Court of New Jersey · 1899
- Ballou v. United States Flour Milling Co.New Jersey Court of Chancery · 1904
3Cited by8 opinions
- Washington-Alaska Bank v. Dexter Horton Nat. BankCourt of Appeals for the Ninth Circuit · 1920
- Kennison v. KanzlerCourt of Appeals for the Sixth Circuit · 1925
- New York Trust Co. v. Island Oil & Transport CorporationCourt of Appeals for the Second Circuit · 1926
- In re Century Silk Mills, Inc.District Court, S.D. New York · 1925
- New York Trust Co. v. Island Oil & Transport Corp.District Court, S.D. New York · 1925
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