National Bank of Chemung v. City of Elmira
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff, entered upon the report of a referee, and directing judgment for defendant. (Beported below, 6 Bans., 116.) This was an action to recover for the alleged unlawful taking and conversion of $4,006.80 belonging to plaintiff.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff, entered upon the report of a referee, and directing judgment for defendant. (Beported below, 6 Bans., 116.) This was an action to recover for the alleged unlawful taking and conversion of $4,006.80 belonging to plaintiff. The plaintiff is a national bank located and doing business in the city of Elmira, with a capital stock of $100,000 invested in United States government bonds. In the year 1868 the assessors of said city assessed the bank $50,000 on real…
1Opinion of the Court
Church, Ch. J.
The assessment and tax against the plaintiff were void. They were made and levied not only without authority, but in violation of an express statute. Chapter 761 of the Laws of 1866 declares that “no tax shall hereafter be assessed upon the capital of any bank or banking association organized under the authority of the State, or of the United States, but the stockholders in such banks and banking associations shall be assessed and taxed on the value of then’ shares of stock therein.”
It is undisputed that the plaintiff was a banking association, organized under the authority of…
2Cases cited8 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Barhyte v. . ShepherdNew York Court of Appeals · 1866
- Mygatt v. . WashburnNew York Court of Appeals · 1857
- Swift v. . City of PoughkeepsieNew York Court of Appeals · 1868
- Newman v. . Supervisors of Livingston Co.New York Court of Appeals · 1871
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3Cited by83 opinions
- Dun & Bradstreet, Inc. v. City of New YorkNew York Court of Appeals · 1937
- Stanley v. Supervisors of AlbanySupreme Court of the United States · 1887
- Hermance v. Board of SupervisorsNew York Court of Appeals · 1877
- Western Union Telegraph Co. v. Missouri Ex Rel. GottliebSupreme Court of the United States · 1903
- Edes v. BoardmanSupreme Court of New Hampshire · 1879
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