Legal Opinion

Mintzer v. County of Montgomery

Supreme Court of Pennsylvania

Decided February 25, 1867Published

Error to the Court of Common Pleas of Montgomery county. This was an action by the county of Montgomery, against William Mintzer, to recover $47.55, the amount of state tax assessed on 817 shares of stock in the Pottstown National Bank, owned by him.

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Error to the Court of Common Pleas of Montgomery county. This was an action by the county of Montgomery, against William Mintzer, to recover $47.55, the amount of state tax assessed on 817 shares of stock in the Pottstown National Bank, owned by him. The facts of Mintzer’s ownership of the stock, the regular assessment of the tax at three mills per dollar and the amount of the assessment, were agreed upon in a case stated ; and it was submitted for the opinion of the court below, whether Mintzer was liable for the payment of the tax. The court entered judgment for the county for $47.55, the…

1Opinion of the Court

The opinion of the court was delivered, by

Agnew, J.

Are the shares of stock in the national banks liable in the hands of stockholders to a state tax ? This is the question in the stated case, and it presents two points.

1. Is the taxation provided for in the state law ?

2. Is it forbidden by the Act of Congress ?

The 32d section of the Act of 29th April 1844, provides for the taxation of debts, accounts, contracts, stocks in incorporated and unincorporated associations, and public loans. The leading intent of the law seems to be to reach money in every form of investment. With this guide to…

2Cases cited1 opinion

  1. Allegheny v. ShoenbergerSupreme Court of Pennsylvania · 1853

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