Providence Banking Co. v. Webster County
Court of Appeals of Kentucky
•Case 73 — Action to Enjoin Collection or Tax APPEAL FROM WEBSTER CIRCUIT COURT. Judgment foe Defendants and Plaintiff, Appeals. 1. A franchise is a privilege to do what the ordinary citizen can not do. Com. v. City of Frankfort, 13 Bush, 185, and authorities there cited. 2. Private banks are restricted and can not do with tbeir money as the citizen may do, but a restriction is not a franchise.
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•Case 73 — Action to Enjoin Collection or Tax APPEAL FROM WEBSTER CIRCUIT COURT. Judgment foe Defendants and Plaintiff, Appeals. 1. A franchise is a privilege to do what the ordinary citizen can not do. Com. v. City of Frankfort, 13 Bush, 185, and authorities there cited. 2. Private banks are restricted and can not do with tbeir money as the citizen may do, but a restriction is not a franchise. Com. v. Henderson Bridge Co., 17 L. R., 392. 3. Capital stock and franchise are separate and distinct things. , Franklin County v. Deposit Bank, 87 Ky., 383, and cases there cited. 4. Neither the…
1Opinion of the Court
Opinion of the court by
JUDGE PAYNTER
Affirming.
The Providence Banking Company is a private banking company or partnership, not incorporated. The question here involved is, is it liable to pay a franchise tax? It is insisted that it does not possess a franchise, in the meaning of the Constitution and statutes, and that there can not be imposed upon it a tax in the nature of one on a franchise. It is urged that the word “franchise” has a well-defined legal signification, and that it can not be attached to persons engaged in a private banking enterprise. The Legislature is the judge, within…
2Cases cited1 opinion
- Louisville Tobacco Warehouse Co. v. CommonwealthCourt of Appeals of Kentucky · 1899
3Cited by10 opinions
- Allen v. United StatesCourt of Appeals for the Fourth Circuit · 1912
- People v. AlbersMichigan Supreme Court · 1904
- Jay v. StateAlabama Court of Appeals · 1916
- McDaniel v. StateAlabama Court of Appeals · 1915
- Commonwealth ex rel. Auditor's Agent v. Louisville Gas Co.Court of Appeals of Kentucky · 1909
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