People Ex Rel. Bridgeport Savings Bank v. Feitner
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 15, 1907, which affirmed an order of Special Term dismissing a writ of certiorari and confirming an assessment for the purposes of taxation.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 15, 1907, which affirmed an order of Special Term dismissing a writ of certiorari and confirming an assessment for the purposes of taxation. The writ of certiorari was procured to review the determination of the respondents in assessing for the purpose of taxation certain shares of stock owned by the relator in one state bank and in ten national banks in the state of Mew York. The facts as both parties unite in stating them are as follows: “The relator is a Connecticut savings…
1Opinion of the CourtVann, J.
No state has power to tax national banks with-' out the consent of Congress, because they are agencies of the Federal government and the power to tax involves the power to destroy. (Owensboro National Bank v. Owensboro, 173 U. S. 664.) Congress gave its consent many years ago through a statute which commits the subject, including by express mention “the manner and place” of taxing all shares of national banks located within a state to the legislature thereof, “subject only to the two restrictions, that the taxation shall not be at a greater rate than is assessed upon other moneyed capital in…
2Cases cited8 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Owensboro National Bank v. OwensboroSupreme Court of the United States · 1899
- In Re the Executors & Legatees of & Under the Last Will & Testament of McPhersonNew York Court of Appeals · 1887
- People v. . TurnerNew York Court of Appeals · 1895
- People Ex Rel. Simpson v. . WellsNew York Court of Appeals · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Amoskeag Savings Bank v. PurdySupreme Court of the United States · 1913
- People Ex Rel. American Exchange National Bank v. PurdyNew York Court of Appeals · 1909
- City of El Paso v. HowzeCourt of Appeals of Texas · 1923
- In Re the Transfer Tax Upon the Estate of WatsonNew York Court of Appeals · 1919
- State v. Standard Oil Co.Oregon Supreme Court · 1912
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