People Ex Rel. Manhattan Railway Co. v. Barker
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made March 1, 1900, reversing a final order of Special Term which dismissed a writ of certiorari to review an assessment against the property of the relator, and vacating such assessment. 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 March 1, 1900, reversing a final order of Special Term which dismissed a writ of certiorari to review an assessment against the property of the relator, and vacating such assessment. The facts, so far as material, are stated in the opinion. The finding of the Special Term, that the indebtedness of the relator respecting $9,500,000 of the bonds of the Yew York Com.pany evidenced by $8,500,000 of the latter’s first mortgage bonds and by $1,000,000 of its debentures, was directly contracted…
1DissentO’Brien, J.
This is a controversy of long standing between the relator and the commissioners of taxes. It involves only one general question, and that is the actual value of the relator’s capital stock for the purpose of taxation, under the act of 1857. On the first Monday of January, 1891, the defendants assessed the stock at $30,000,000, that being the nominal or par value. At the same time they assessed the relator’s real estate and railroad structure at $7,323,200. The latter assessment has never been questioned, and there is no controversy here about it. The defendants, on relator’s application,…
2Cases cited23 opinions
- Mount Pleasant v. BeckwithSupreme Court of the United States · 1880
- Hirshfeld v. . FitzgeraldNew York Court of Appeals · 1898
- Benedict v. . ArnouxNew York Court of Appeals · 1898
- People Ex Rel. Union Trust Co. v. ColemanNew York Court of Appeals · 1891
- Louisville, New Albany & Chicago Railway Co. v. BoneyIndiana Supreme Court · 1889
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