People ex rel. Niagara River Hydraulic Co. v. Roberts
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court and attested on the 28th day of May, 1897, directed to James A. Roberts, Comptroller of the State of Hew York, commanding him to certify and return to the office of the clerk of the county of Albany all and singular his proceedings in assessing a tax against the relator on $125,000 of capital stock, in the sum of $3,000, with a penalty of $300. The relator is a domestic corporation organized under chapter 116 of the Laws of 1832.…
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Certiorari issued out of the Supreme Court and attested on the 28th day of May, 1897, directed to James A. Roberts, Comptroller of the State of Hew York, commanding him to certify and return to the office of the clerk of the county of Albany all and singular his proceedings in assessing a tax against the relator on $125,000 of capital stock, in the sum of $3,000, with a penalty of $300. The relator is a domestic corporation organized under chapter 116 of the Laws of 1832. This corporation was organized in said year, with a total authorized capital stock of $150,000. The number of shares in…
1Opinion of the Court
Landon, J.:
The contention of the relator is that the tax contemplated by the statute is upon the active use of its capital in its corporate business, not upon the passive holding of it in the form of an unproductive investment. ■
The learned Attorney-General relies upon the letter of the statute which declares that “ every corporation * * * incorporated under any law of this. State, * * "x" except * * * ■ manufacturing corporations carrying on manufacture within this State *182* * * shall be subject to and, pay a tax,”1 etc. (§ 3, chap. 542, Laws of 1880.) As the relator does no manufacturing, it…
2Cases cited2 opinions
- People v. . Horn Silver Mining Co.New York Court of Appeals · 1887
- People Ex Rel. Singer Manufacturing Co. v. WempleNew York Court of Appeals · 1896
3Cited by10 opinions
- People Ex Rel. Fifth Avenue Building Co. v. WilliamsNew York Court of Appeals · 1910
- People Ex Rel. Ft. George Realty Co. v. . MillerNew York Court of Appeals · 1904
- People ex rel. Union Ferry Co. v. RobertsAppellate Division of the Supreme Court of the State of New York · 1901
- People ex rel. Fort George Realty Co. v. MillerAppellate Division of the Supreme Court of the State of New York · 1904
- People Ex Rel. Wall & Hanover Street Realty Co. v. MillerNew York Court of Appeals · 1905
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