Legal Opinion

Liverpool & London & Globe Insurance v. Board of Assessors

Supreme Court of Louisiana

Decided May 15, 1892No. 10,978PublishedCited by 11 opinions

A PPEAL from the Oivil District Oourt for the Parish of Orleans. A King, J. 1. The situs of a debt as property is at the domicil of the creditor. Burroughs on Tax., p. 186; Cooley on Tax., ch, 1, pp. 14-15; 15 Wall. 319; 100 U. S. 496; 41 An. 646-1015. 2. A foreign company does not cease to be a foreign corporation by having an authorized agent or place of business in this State.

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A PPEAL from the Oivil District Oourt for the Parish of Orleans. A King, J. 1. The situs of a debt as property is at the domicil of the creditor. Burroughs on Tax., p. 186; Cooley on Tax., ch, 1, pp. 14-15; 15 Wall. 319; 100 U. S. 496; 41 An. 646-1015. 2. A foreign company does not cease to be a foreign corporation by having an authorized agent or place of business in this State. Art. 286, Const. 1879; 41 An. 1015. 3. A tax on premiums or 'gross receipts of an insurance company is an income tax, not allowed by our State Constitution. Burroughs on Tax., p. 159, Sec. 82; Id., p. 160; 42 An. 429…

1Opinion of the Court

The opinion of the court was delivered by

Breaux, J.

This suit is brought by the Liverpool and London and *762Globe Insurance Company for the cancellation of an assessment against the company for the taxes of 1891, which reads as follows:

“Money loaned on interest, all credits and all bills receivable for money loaned or advanced or for goods sold, $40,000.
“Money in possession, on deposit or in hand, $10,000.”

It is admitted by the plaintiff company that it has the above amount of cash and open accounts in this city.

The validity of the assessment is denied; also the legality of the tax claimed.

The…

2Cases cited6 opinions

  1. Kirtland v. HotchkissSupreme Court of the United States · 1879
  2. Catlin v. HullSupreme Court of Vermont · 1849
  3. Goldgart v. People ex rel. GoarIllinois Supreme Court · 1883
  4. Lynd v. PicketSupreme Court of Minnesota · 1862
  5. Mayor of Macon v. JonesSupreme Court of Georgia · 1881

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. New Orleans v. StempelSupreme Court of the United States · 1899
  2. State Ex Rel. American Automobile Insurance v. GehnerSupreme Court of Missouri · 1928
  3. General Electric Co. v. Board of AssessorsSupreme Court of Louisiana · 1908
  4. Union Central Life Insurance v. GromerSupreme Court of Puerto Rico · 1913
  5. Holland v. Board of CommissionersMontana Supreme Court · 1895

6 more not listed; retrieve them via the Exa API.

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