People ex rel. Bank for Savings v. Miller
Appellate Division of the Supreme Court of the State of New York
Certiorari by the people of the state of New York, upon the relation of the Bank for Savings in the City of New York, against Nathan L. Miller, as Comptroller of the state of New York, to review the Comptroller’s determination in denying relator’s application for a revision of its tax assessment. On writ and return.
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Certiorari by the people of the state of New York, upon the relation of the Bank for Savings in the City of New York, against Nathan L. Miller, as Comptroller of the state of New York, to review the Comptroller’s determination in denying relator’s application for a revision of its tax assessment. On writ and return. Hearing on a return to a writ of certiorari issued July 12, 1902, to review the determination of the Comptroller' of the state óf New York in denying the application of the relator for a revision and readjustment of an assessment for taxes made by him upon the franchise or…
1Opinion of the CourtChester, J.
The relator challenges the legality of the assessment of the par value of its surplus and undivided earnings made by the respondent upon the grounds that he improperly included therein, first, interest accrued upon investments, but not due or payable on June 30, 1901; second, a valuation at par of certain stocks and bonds owned by it, when their market value was $296,500 less than such par value; and, third, an overvaluation of its banking house and lot of $350,090. It is also urged that the'law authorizing the tax is unconstitutional.
The ,law under which the tax was imposed upon the relator,…
2Cases cited5 opinions
- Village of Fort Edward v. . FishNew York Court of Appeals · 1898
- Delafield v. StateNew York Supreme Court · 1841
- State of Illinois v. DelafieldNew York Court of Chancery · 1840
- Monroe Savings Bank v. . City of RochesterNew York Court of Appeals · 1867
- Hogg's AppealSupreme Court of Pennsylvania · 1854
3Cited by4 opinions
- Stephen & Stephen Properties, Inc. v. State Tax Com'nSupreme Court of Missouri · 1973
- State v. City of SeattleWashington Supreme Court · 1913
- In re StonemanNew York Surrogate's Court · 1914
- Hackensack Water Company v. Borough of Old TappanSupreme Court of New Jersey · 1978