Legal Opinion

Morris Canal & Banking Co. v. Baird

Supreme Court of the United States

Decided November 29, 1915No. 1PublishedCited by 7 opinions

ERROR TO THE COURT OF ERRORS AND APPEALS OF THE STATE OF NEW JERSEY. The facts, which involve the constitutionality under • the contract clause and the construction of a taxing statute of New Jersey and the validity of a tax levied thereunder, are stated in the opinion. The contract of exemption from taxation was not a bounty conferred on any particular company, nor an agreement made merely in view of presumptive benefits to the people.

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ERROR TO THE COURT OF ERRORS AND APPEALS OF THE STATE OF NEW JERSEY. The facts, which involve the constitutionality under • the contract clause and the construction of a taxing statute of New Jersey and the validity of a tax levied thereunder, are stated in the opinion. The contract of exemption from taxation was not a bounty conferred on any particular company, nor an agreement made merely in view of presumptive benefits to the people. It was a contract of exemption of certain specific property, for an adequate consideration, to wit, the conveyance of the property itself to the State,…

1Opinion of the CourtJustice McReynolds

The Court of Errors and Appeals of New Jersey sustained a tax for the year 1906 levied by the State Board of Assessors, under the railroad and canal tax act of 1884 and supplements thereto, upon the canal and appurtenances leased by the Morris Canal and .Banking Com pany to the Lehigh Valley Railroad. 26 N. J. L. 627. Plaintiffs in error claim the charter of the lessor company exempts the assessed property from taxation, and to subject it to the charge in question would impair the obligation of that contract contrary to the provisions of Article I, § 10, Federal Constitution.

The Morris Canal…

2Cases cited3 opinions

  1. Rochester Railway Co. v. City of RochesterSupreme Court of the United States · 1907
  2. Wright v. Central of Georgia Railway Co.Supreme Court of the United States · 1915
  3. Wright v. Louisville & Nashville RailroadSupreme Court of the United States · 1915

3Cited by7 opinions

  1. Bowie v. GonzalezCourt of Appeals for the First Circuit · 1941
  2. Fleming v. American Stores Co.District Court, E.D. Pennsylvania · 1941
  3. Central of Georgia Railway Co. v. WrightSupreme Court of the United States · 1919
  4. Nabisco, Inc. v. KorzenIllinois Supreme Court · 1977
  5. City of Parkersburg v. Baltimore & O. R.Court of Appeals for the Fourth Circuit · 1923

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