People Ex Rel. Davies v. Commissioners of Taxes & Assessments
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court directing judgment for defendants upon a writ of G&rtiora/ri issued under chap. 302, Laws of 1859, to review the action of defendants in assessing certain lots owned by the Society of the Hew York Hospital. In 1822 the legislature passed an act entitled “An act further to amend the act incorporating the Bank of Hew-burgh, and for other purposes.”
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Appeal from an order of the General Term of the Supreme Court directing judgment for defendants upon a writ of G&rtiora/ri issued under chap. 302, Laws of 1859, to review the action of defendants in assessing certain lots owned by the Society of the Hew York Hospital. In 1822 the legislature passed an act entitled “An act further to amend the act incorporating the Bank of Hew-burgh, and for other purposes.” The fourth and last section is as follows: “ And be it further enacted that no real estate whatsoever belonging to the Society of the Hew York Hospital shall be subject to be taxed by…
1Per curiam
The act of 1822, chapter 257, section 4, which enacted that no property of the Society of the 27ew York Hospital should be subject to be taxed by virtue of any law of this State, did not constitute a contract, but was a spontaneous concession by the legislature, not connected with any service or duty imposed upon the corporation. It was, there fore, subject to modification or repeal. (Rector, etc. of Christ Church v. County of Philadelphia, 24 Howard U. S., 300.)
We are of opinion that the act of 1869, chapter 875, section 2, was valid and effectual, and so modified the act of 1822 as to…
2Cases cited1 opinion
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