Board of Supervisors v. People ex rel. McMaster & Harvey
New York Supreme Court
On error from the supreme court, where judgment was rendered against The Board of Supervisors of Niagara County, now plaintiffs in error. For a report of the case in that court, and the opinion there delivered, see 4 Hill, 20 et seq.
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On error from the supreme court, where judgment was rendered against The Board of Supervisors of Niagara County, now plaintiffs in error. For a report of the case in that court, and the opinion there delivered, see 4 Hill, 20 et seq. It was argued here by The counsel for the plaintiffs in error contended that banking institutions organized under the act of April 18th, 1838, are not liable to taxation under 1 R. S. 414, § 1 et seq., for the following reasons, viz. 1. They are not “ moneyed or stock corporations ”; (Warner v. Beers, 23 Wend. 103; Purdy v. The People, 4 Hill, 384; Const. of N.…
1Opinion of the Court
Bockee, Senator.
The supreme court have assumed in this case that banking associations, formed under. the act of 1838, are corporations, upon the authority of the case of The Bank of Watertown v. The Trustees of the Village of Watertown, (1 Hill, 616.) That case is based upon Thomas v. Dakin, (22 Wend. Rep. 22,) in which the supreme court decided in favor of the constitutionality of this law, solely upon the ground that *505it did not appear to them judicially to have been passed as a majority bill. Had that fact appeared, as it does in this case, by the pleadings, the court would have held the…
2Cases cited4 opinions
- Warner & Ray v. BeersCourt for the Trial of Impeachments and Correction of Errors · 1840
- Thomas v. DakinNew York Supreme Court · 1839
- De Bow v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1845
- Beardsley v. DygertNew York Supreme Court · 1846