City of Utica v. Churchill
New York Court of Appeals
The questions involved in this action were brought to a hearing in the first instance at a General Term of the Supreme Court, in the fifth judicial district of this State, upon a case submitted in pursuance of the provisions of section 372 of the Code of Procedure.
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The questions involved in this action were brought to a hearing in the first instance at a General Term of the Supreme Court, in the fifth judicial district of this State, upon a case submitted in pursuance of the provisions of section 372 of the Code of Procedure. The points in controversy being -substantially whether .or not certain taxes imposed by the city of Utica upon the stockholders of the Second ^ National Bank of Utica, upon the several shares held by the respective stockholders in such bank, were legally imposed, . and whether payment of the same could he legally enforced. The bank…
1Opinion of the Court
Debio, Ch. J.
The appeals in these three cases were heard together, and the general question in each is, whether the shares of the stockholders in the banking associations created under the acts of .congress, which provide for the creation of national banks, can be subjected to taxation by State authority.
In the first case, the institution whose stockholders were • taxed, was established on the 4th day of January, 1864, with a capital of $200,000, the whole of which was invested in the • securities of the public debt of the United States. The plaintiffs and other shareholders were taxed by the…
2Cases cited5 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Cooley v. Board of Wardens of Port of Philadelphia Ex Rel. Soc. for Relief of Distressed PilotsSupreme Court of the United States · 1852
- Oswego Starch Factory v. . DollowayNew York Court of Appeals · 1860
- Bank of Utica v. City of UticaNew York Court of Chancery · 1834
- Lemmon v. . People.New York Court of Appeals · 1860
3Cited by9 opinions
- People Ex Rel. Cagger v. DolanNew York Court of Appeals · 1867
- People Ex Rel. Kennedy v. Commissioners of TaxesNew York Court of Appeals · 1866
- Lamb v. TaylorCourt of Appeals of Maryland · 1887
- McLaughlin v. ChadwellTennessee Supreme Court · 1872
- Beard v. Peoples Savings BankIndiana Court of Appeals · 1913
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