Legal Opinion

People ex rel. Lincoln v. Assessors of Barton

New York Supreme Court

Decided August 15, 1865PublishedCited by 9 opinions

THE relator is a stockholder in the E-irst National Bank of Waverly, N. Y. The capital stock of the hank consists wholly of United States bonds,'issued under the act of congress, passed February 25,1862. The defendants assessed the relator for the shares owned by him of the capital stock of the hank.

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THE relator is a stockholder in the E-irst National Bank of Waverly, N. Y. The capital stock of the hank consists wholly of United States bonds,'issued under the act of congress, passed February 25,1862. The defendants assessed the relator for the shares owned by him of the capital stock of the hank. They declined to strike said assessment from the roll, claiming that the property is taxable under the laws of the state, passed in March, 1865. This motion is for a peremptory mandamus to the defendants, directing .them to cancel the assessment so made.

1Opinion of the CourtParker, J.

The relator is the owner of thirty shares in a banking association, organized under the laws of the United States, and known as The First National Bank of Waverly, located at the village of Waverly in the town of Barton, in the county of Tioga; the whole of whose capital is invested in the bonds of the United States, issued under the act of congress, passed February 25, 1862.

The assessors of the town of Barton, pursuant to the 10th section of the act of the legislature of this state, entitled “An act enabling the banks of this state to become associations for the purpose of banking under the…

2Cases cited4 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Weston and Others v. the City Council of CharlestonSupreme Court of the United States · 1829
  3. New York Ex Rel. Bank of Commerce v. Commissioners of TaxesSupreme Court of the United States · 1863
  4. Mygatt v. . WashburnNew York Court of Appeals · 1857

3Cited by9 opinions

  1. People Ex Rel. Nostrand v. . WilsonNew York Court of Appeals · 1890
  2. Hubbard v. Board of SupervisorsSupreme Court of Iowa · 1867
  3. People ex rel. Cochrane v. FeitnerAppellate Division of the Supreme Court of the State of New York · 1899
  4. Exchange National Bank v. MillerUnited States Circuit Court · 1884
  5. People ex rel. New York & Harlem Railroad v. Board of Taxes & AssessmentsAppellate Division of the Supreme Court of the State of New York · 1900

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