The People v. . the Albany Insurance Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made February 3, 1883, which directed judgment in favor of plaintiff, upon a case submitted under section 1279 of the Code of Civil Procedure.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made February 3, 1883, which directed judgment in favor of plaintiff, upon a case submitted under section 1279 of the Code of Civil Procedure. The questions submitted were whether any, and if so, what amount of tax the defendant was liable to pay, for the current year ending November 1,1881, under the act chapter 542, Laws of 1880, as amended by chapter 361, Laws of 1881. The facts stated in the case submitted, so far as material, are set forth in the opinion. The return to…
1Opinion of the CourtRapallo, J.
The only question in this case which remains open, in view of our recent decisions, is whether the $100,000 divided among the stockholders of the defendant in February, 1881, was a dividend made or declared during the year ending November 1, 1881, within the intent and meaning of those words, as used in section 3 of chapter 361 of the Laws of 1881.
It appears from the agreed statement of facts, and the report thereto attached, that the capital of the company was $200,000; that on the 30th of June, 1880, it had a surplus fund of $179,-437.16, being an accumulation of past earnings; that on the…
2Cases cited1 opinion
- Bailey v. Railroad Co.Supreme Court of the United States · 1882
3Cited by7 opinions
- People ex rel. Brooklyn Rapid Transit Co. v. MorganAppellate Division of the Supreme Court of the State of New York · 1901
- People ex rel. Colonial Trust Co. v. MorganAppellate Division of the Supreme Court of the State of New York · 1900
- Taplin v. CommissionerUnited States Board of Tax Appeals · 1928
- People ex rel. New York Rapid Transit Corp. v. LoughmanAppellate Division of the Supreme Court of the State of New York · 1929
- People ex rel. Jerome Park Villa Site & Improvement Co. v. RobertsAppellate Division of the Supreme Court of the State of New York · 1899
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