Albany & Schenectady Railroad v. Osborn
New York Supreme Court
This was a case submitting a controversy for the decision of the court, without action, under § 372 of the code. The following facts were agreed upon.
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This was a case submitting a controversy for the decision of the court, without action, under § 372 of the code. The following facts were agreed upon. The defendants were the assessors of the town of Watervliet, in the county of Albany, and had made out the assessment roll for said town for the year 1851. The plaintiffs were, by an act of the legislature of this state, passed April 17th, 1826, and the acts amendatory thereof, created a body corporate and politic, and were authorized to take by purchase or donation, from the owners thereof, and to hold, the lands over which their railway runs.…
1Opinion of the Court
By the Court,
Parker, J.
It is provided by the act of 1851, (Laws of 1851, p. 338,) that “ all real or personal estate liable to taxation, shall be estimated and assessed by the assessors at its full and true value, as they would appraise the same in payment of a just debt due from a solvent debtor.” No distinction is made between the property of a corporation and that of an individual. On the contrary, the statute expressly declares (1 R. S'. 389, § 6,) that the real estate of all incorporated companies, liable to taxation, shall be assessed in the town or ward in which the same shall lie, in…
2Cases cited1 opinion
- Mohawk & Hudson Railroad v. CluteNew York Court of Chancery · 1834
3Cited by6 opinions
- Buffalo & State Line Railroad v. Board of SupervisorsCommission of Appeals · 1871
- People ex rel. Buffalo & State Line Railroad v. FredericksNew York Supreme Court · 1866
- Albany & West Stockbridge Railroad v. Town of CanaanNew York Supreme Court · 1853
- Wilson v. Mayor of New YorkNew York Court of Common Pleas · 1855
- Buf. and State L.R.R. Co. v. . Sup'rs Erie Co.New York Court of Appeals · 1871
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