Legal Opinion

People ex rel. Coney Island Jockey Club v. Sohmer

Appellate Division of the Supreme Court of the State of New York

Decided March 5, 1913PublishedCited by 7 opinions

Certiorari issued out of the Supreme Court and attested on the 25th day of May, 1912, directed to William Sohmer, as Comptroller of the State of New York, commanding him to certify and return to the office of the clerk of the county of Albany all and singular his proceedings had in fixing the amount of the tax to be paid by the relator, pursuant to the provisions of section 182 of the Tax Law (Consol.

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Certiorari issued out of the Supreme Court and attested on the 25th day of May, 1912, directed to William Sohmer, as Comptroller of the State of New York, commanding him to certify and return to the office of the clerk of the county of Albany all and singular his proceedings had in fixing the amount of the tax to be paid by the relator, pursuant to the provisions of section 182 of the Tax Law (Consol. Laws, chap. 60; Laws of 1909, chap. 62), for the privilege of exercising its corporate franchise during the year ending October 31, 1912.

1Opinion of the Court

Lyon, J.:

The facts are practically undisputed. The relator is a domestic corporation incorporated in 1879 under chapter 269 of the Laws of 1854-, entitled “An act for the incorporation of associations for improving the breed of horses.” Its original capital stock was $100,000, which was increased on and prior to January 10, 1885, to $525,000, at which it has since remained. Of such capital stock $254,000 represented cash payments by stockholders, and $271,000 stock dividends. Prior to January 10, 1885, the relator purchased about 170 acres of land at Sheepshead Bay in the county of Kings,…

2Cases cited11 opinions

  1. People Ex Rel. Tiffany Co. v. . CampbellNew York Court of Appeals · 1894
  2. People Ex Rel. Western Electric Co. v. CampbellNew York Court of Appeals · 1895
  3. People Ex Rel. Fifth Avenue Building Co. v. WilliamsNew York Court of Appeals · 1910
  4. Peo. Ex Rel. Commercial Cable Co. v. . MorganNew York Court of Appeals · 1904
  5. People Ex Rel. Waclark Realty Co. v. WilliamsNew York Court of Appeals · 1910

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3Cited by7 opinions

  1. People Ex Rel. L. N.Y.R.R. Co. v. . SohmerNew York Court of Appeals · 1916
  2. Newton Creek Towing Co. v. LawAppellate Division of the Supreme Court of the State of New York · 1923
  3. People ex rel. Tetragon Co. v. SohmerAppellate Division of the Supreme Court of the State of New York · 1914
  4. Claim of Uhl v. Hartwood ClubAppellate Division of the Supreme Court of the State of New York · 1917
  5. People ex rel. Lehigh & New York Railroad v. SohmerNew York Court of Appeals · 1916

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