People Ex Rel. National Surety Co. v. Feitner
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made November 9, 1900, affirming an order of Special Term dismissing a writ of certiorari brought to review an assessment against the capital and surplus of the relator made by the commissioners, of taxes and assessments of the city of New York for purposes of taxation for the year 1899. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made November 9, 1900, affirming an order of Special Term dismissing a writ of certiorari brought to review an assessment against the capital and surplus of the relator made by the commissioners, of taxes and assessments of the city of New York for purposes of taxation for the year 1899. The facts, so far as material, are stated in the opinion. The j udge at Special Term erred in holding that so-called contingent liabilities were not tO’ be taken into account in determining the taxable…
1DissentO’Brien, J.
The relator procured a writ of certiorari to review the official action of the commissioners of taxes and assessments of the city of Hew York in assessing its capital stock and surplus. The statute provides that the capital stock and surplus of a corporation liable to taxation, after making certain deductions specified, shall be assessed at its actual value. The relator complains that the assessment in this case upon its capital stock and surplus was not limited to its actual value, but that it was assessed for an amount more than such value. The question in the case involves the inquiry…
2Cases cited4 opinions
- People Ex Rel. Union Trust Co. v. ColemanNew York Court of Appeals · 1891
- In the Matter, Etc., of Estate of WestonNew York Court of Appeals · 1883
- People Ex Rel. Glenn's Falls Insurance v. FergusonNew York Court of Appeals · 1868
- People Ex Rel. M.F. Ins. Co. v. . CommissionersNew York Court of Appeals · 1879