Legal Opinion

Banker Brothers Co. v. Pennsylvania

Supreme Court of the United States

Decided December 4, 1911No. 72PublishedCited by 45 opinions

ÉRROR TO THE SUPERIOR COURT OF THE STATE OF . PENNSYLVANIA, The facts, which involve the constitutionality of a statute of Pennsylvania taxing sales of autoipobiles, as enforced in this case, are stated in the opinion., The plaintiff in error is engaged in interstate commerce, and, therefore, not liable to taxation by the State.

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ÉRROR TO THE SUPERIOR COURT OF THE STATE OF . PENNSYLVANIA, The facts, which involve the constitutionality of a statute of Pennsylvania taxing sales of autoipobiles, as enforced in this case, are stated in the opinion., The plaintiff in error is engaged in interstate commerce, and, therefore, not liable to taxation by the State. Dozier v. Alabama, 218 U. S. 124; Rearick v. Pennsylvania, 203 U. S. 507; Colwell v. North Carolina, 187 U. S. 622; Robbins v. Shelby County, 120 U. S. 489; Wilton v. Missouri, 91 U. S. 275; Brennan v. Titusville, 153 U. S. 289; Lyng v. Michigan, 135 U. S. 166. The…

1Opinion of the CourtJustice Lamar

The Banker Brothers Company, a corporation doing business in Pittsburg, was charged, as retail venders, with a tax of. 1 per cent on $351,000 on sales of automobiles to persons in Pennsylvania under a statute of that State. It denied liability on the ground that the sales were interstate transactions. A decision of that point involves the question as to whether Banker Brothers Company acted as principal or as agent of a New York manufacturer.

It appears that the George N. Pierce Company was engaged in the business of manufacturing automobiles in Buffalo, and in 1905 made a contract by which it…

2Cases cited3 opinions

  1. American Steel & Wire Co. v. SpeedSupreme Court of the United States · 1904
  2. Dozier v. AlabamaSupreme Court of the United States · 1910
  3. American Express Co. v. IowaSupreme Court of the United States · 1905

3Cited by45 opinions

  1. Hall v. Geiger-Jones Co.Supreme Court of the United States · 1917
  2. McGoldrick v. Berwind-White Coal Mining Co.Supreme Court of the United States · 1940
  3. Department of Treasury v. Wood Preserving Corp.Supreme Court of the United States · 1941
  4. Wiloil Corp. v. PennsylvaniaSupreme Court of the United States · 1935
  5. Chicago Bridge & Iron Co. v. JohnsonCalifornia Supreme Court · 1941

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