Mechanics' & Farmers' Bank v. Townsend
U.S. Circuit Court for the District of Northern New York
In equity- This was an application for a provisional injunction, to restrain [Theodore Townsend], a collector of internal revenue, from collecting a license tax.
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In equity- This was an application for a provisional injunction, to restrain [Theodore Townsend], a collector of internal revenue, from collecting a license tax. The bill was filed in a state court, by the plaintiff, a banking corporation doing business at Albany, New York, and the suit was removed by the defendant into this court, under the provisions of the 3d section of the act of March 3, 1833 (4 Stat. 633). The tax was claimed to'be collectible under the provisions of the 1st subdivision of the 79th section of the act of June 30, 1S64 (13 Stat. 251), which provided, that bankers using or…
1Opinion of the Court
NELSON, Circuit Justice.2
[The bill of complaint in this case was filed in the state court, to enjoin the defendant from collecting a license or tax on surplus capital claimed under the first sub-division of the 79th section of the act of congress passed June 30, 1864; and has been removed into this court under the 3d section of the act of March 3, 1833 (4 Stat. p. 633). The first sub-division of section 79 provides that bankers, using or employing capital not exceeding the sum of $50,000, shall pay $100 for each license; when using or employing a capital exceeding $50,-000, for every…
2Cited by3 opinions
- Leather Mfrs.' Nat. Bank v. TreatCourt of Appeals for the Second Circuit · 1904
- Union Pac. Life Ins. v. FergusonOregon Supreme Court · 1913
- United States v. Bank of MontrealUnited States Circuit Court · 1884