Empire Trust Co. v. Hoey

MANDELBAUM, District Judge.

This is an action to recover the sum of $16,152.13 alleged to have been wrongfully collected as additional original issue taxes on Independence Fund trust certificates, issued during the period June 21, 1932, to February 14, 1935. By stipulation between counsel, the action was tried without a jury and upon an agreed statement of facts.

It is pertinent to note that, after service of the complaint herein, the defendant, by notice of motion, dated August 12, 1937, moved to dismiss the complaint on the ground that the same failed to state facts sufficient to constitute a…