Hager v. American Surety Co.
Court of Appeals of Kentucky
Case 98. — SUIT BY THE AMERICAN SURETY CO., OF NEW YORK, AGAINST S. W. HAGER AND OTHERS AS THE STATE BOARD OF VALUATION AND ASSESSMENT TO RESTRAIN THEM FROM MAKING A CERTAIN ASSESSMENT OF PLAINTIFF’S FRANCHISE. Appeal from Franklin Circuit Court. R. L. Stout, Circuit Judge. From a judgment sustaining a demurrer to tlie answer, defendants appeal.
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Case 98. — SUIT BY THE AMERICAN SURETY CO., OF NEW YORK, AGAINST S. W. HAGER AND OTHERS AS THE STATE BOARD OF VALUATION AND ASSESSMENT TO RESTRAIN THEM FROM MAKING A CERTAIN ASSESSMENT OF PLAINTIFF’S FRANCHISE. Appeal from Franklin Circuit Court. R. L. Stout, Circuit Judge. From a judgment sustaining a demurrer to tlie answer, defendants appeal. It is the contention of the State: 1. That the statutory provision for the taxation of the corporate franchise of a foreign corporation as set out in Ky. Stats., sec. 4080, is not mandatory, but directory only. 2. If the result reached by the board…
1Opinion of the Court
Opinion by
Judge Settle
Affirming.
Appellee, American Surety Company of New York, is a corporation created and organized under the laws of the State of New York. The business it is authorized to engage in, and which it is pursuing in Kentucky and other States and territories of the United States, is expressed in its charter as follows: ‘‘The kind of business to be undertaken by the company shall be the guarantying the fidelity of persons holding places of public or private trust, guarantying the performance of contracts other than insurance policies, and executing or guarantying bonds and…
2Cases cited1 opinion
- Henderson Bridge Co. v. CommonwealthCourt of Appeals of Kentucky · 1895
3Cited by15 opinions
- Louisville & N. R. v. BosworthDistrict Court, E.D. Kentucky · 1913
- Auditor v. United States Fidelity & Guaranty Co.Court of Appeals of Kentucky · 1909
- Miller & Lux Inc. v. RichardsonCalifornia Supreme Court · 1920
- City of Louisville Ex Rel. v. HowardCourt of Appeals of Kentucky (pre-1976) · 1947
- Kentucky Heating Co. v. City of LouisvilleCourt of Appeals of Kentucky · 1917
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