Legal Opinion

People ex rel. Mercantile Safe Deposit Co. v. Sohmer

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

Decided September 10, 1913Published

Certiorari issued out of the Supreme Court and attested on the 31st day of August, 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 determining the franchise tax against the relator for the year ending October 31, 1910.

1Opinion of the Court

Lyon, J.:

The relator was incorporated in December, 1875, under the laws of this State with an authorized capital stock of $500,000, only $300,000 of which was ever issued. Immediately following *112its incorporation it purchased from, the Mercantile Trust Company, which was carrying on the business of safekeeping and guaranteeing personal property in the building of the Equitable Life Assurance Society at No. 120 Broadway in the city of New York, for the sum of $200,000, the good will, business and lease of that company, and itself at once engaged in the prosecution of such business. The…

2Cases cited4 opinions

  1. Roberts v. . Roberts-Wicks Co.New York Court of Appeals · 1906
  2. People ex rel. Pullman Co. v. GlynnAppellate Division of the Supreme Court of the State of New York · 1909
  3. People Ex Rel. Pullman Company v. . GlynnNew York Court of Appeals · 1910
  4. People Ex Rel. N.Y.C. H.R.R.R. Co. v. . Gaus.New York Court of Appeals · 1911

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