People ex rel. Lockport City Bank v. Board of Education
New York Supreme Court
AN alternative mandamus was issued, in this case, at the special term held in Niagara county in May, 1865. The defendant answered; and at the Erie special term held in June, 1865, a peremptory' mandamus was awarded, commanding the defendant to amend the assessment and the assessment roll mentioned in the alternative writ, by striking therefrom the assessment of the relator for or on account of personal property, and that the relator have judgment therefor, and for costs of…
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AN alternative mandamus was issued, in this case, at the special term held in Niagara county in May, 1865. The defendant answered; and at the Erie special term held in June, 1865, a peremptory' mandamus was awarded, commanding the defendant to amend the assessment and the assessment roll mentioned in the alternative writ, by striking therefrom the assessment of the relator for or on account of personal property, and that the relator have judgment therefor, and for costs of the proceedings. The defendant thereupon appealed to the general term. The facts, as shown by the writ and answer, in…
1Opinion of the Court 1
By the Court, Marvin, J.
It is argued by the counsel for the relator that, as it was. shown that the bank owned stocks, bonds and other securities of the United States, in amount exceeding its capital and surplus earnings and that the total value of all its other personal property did not exceed the amount of the debts it owed, it could not be taxed for any amount of personal property. I can not assent .to this position. There is no authority for it. It is argued that the capital of the bank is its surplus after paying all its debts, and.that in this case it will require all its personal…
Also in this document: Opinion of the Court · Nelson.
2Cases cited1 opinion
- People ex rel. Bank of Commerce v. Commissioners of Taxes & AssessmentsNew York Supreme Court · 1863
3Cited by1 opinion
- People ex rel. Babbitt v. Board of Commissioners of Taxes & AssessmentsNew York Supreme Court · 1870