Mercantile Nat. Bank v. . Mayor, Etc., of N.Y.
New York Court of Appeals
A weal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 21, 1900, affirming a judgment in favor of defendants entered upon a dismissal of the complaint hy the court at a Special Term.
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A weal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 21, 1900, affirming a judgment in favor of defendants entered upon a dismissal of the complaint hy the court at a Special Term. This action, on the equity side of the court, is brought by the plaintiff, a banking institution organized under the National Banking Law, to restrain the municipality of the city of New York and its receiver of taxes from collecting a portion of the taxes imposed for the year 1896 upon the plaintiff’s stockholders. The following facts are alleged in…
1Opinion of the CourtGray, J.
The material facts alleged in the complaint must be regarded as admitted, under the defendants’ demurrer, and, the legal question, which, therefore, arises is whether the plaintiff is without remedy at law, and, if that be so, whether it has made out a case-for equitable intervention by way of an injunction restraining the defendants from collecting a portion of the tax levied against its stockholders. The Special Term decided the case upon the theory that the plaintiff had an adequate remedy at law, in a resort to the common-law writ of certiorari to review the action of the tax…
2Cases cited13 opinions
- Stanley v. Supervisors of AlbanySupreme Court of the United States · 1887
- Heywood v. . the City of BuffaloNew York Court of Appeals · 1856
- Barhyte v. . ShepherdNew York Court of Appeals · 1866
- Hills v. Exchange BankSupreme Court of the United States · 1882
- People Ex Rel. Citizens' Gas-Light Co. v. Board of AssessorsNew York Court of Appeals · 1868
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3Cited by36 opinions
- People Ex Rel. American Exchange National Bank v. PurdyNew York Court of Appeals · 1909
- City of New York v. . MatthewsNew York Court of Appeals · 1904
- Sikora Realty Corp. v. City of New YorkNew York Court of Appeals · 1933
- Doty Lumber & Shingle Co. v. Lewis CountyWashington Supreme Court · 1910
- People Ex Rel. American Sugar Refining Co. v. SextonNew York Court of Appeals · 1937
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