City of Buffalo v. Goodman
New York Supreme Court
Appeal by defendant from judgment of City Court in favor of plaintiff for the amount of penalty provided by an ordinance of the city where a huckster failed to pay the sum of $75, the tax imposed for the use of a one-horse vehicle in his business as huckster.
1Opinion of the CourtBbown, J.
The tax of $75 as a license fee for a one-horse vehicle, when used in the business of a huckster within the city of Buffalo, is not a discrimination; it applies to all one-horse vehicles when so used; it is a license fee exacted for the privilege of doing business upon the streets of the city in which business a one-horse vehicle is used.
Where a municipal ordinance imposes a license on all vehicles used in connection with any business in the city, the possession of a general business license constitutes no defense *356to a prosecution for failure to obtain a vehicle license. Macon v. Macon, 96…
2Cases cited4 opinions
- City of St. Louis v. WeitzelSupreme Court of Missouri · 1895
- Mayor of New York v. Dry Dock, East Broadway & Battery R. R.New York Court of Appeals · 1892
- City of Buffalo v. StevensonAppellate Division of the Supreme Court of the State of New York · 1911
- Macon Sash, Door & Lumber Co. v. Mayor of MaconSupreme Court of Georgia · 1895
3Cited by3 opinions
- Flynn v. City & County of San FranciscoCalifornia Supreme Court · 1941
- McAhren v. BradshawArizona Supreme Court · 1941
- City of Buffalo v. GoodmanAppellate Division of the Supreme Court of the State of New York · 1912