Legal Opinion

Citizens' Passenger Railway Co. v. City of Philadelphia

Supreme Court of Pennsylvania

Decided March 23, 1865PublishedCited by 4 opinions

Certified from the Court at Nisi Prius. This was an action of'assumpsit, by The City of Philadelphia against The Citizens’ Passenger Railway Company, to recover from the defendants the sum of $6934.51 and interest, alleged to b.e due under the 7th section of their charter, passed March 25th 1858, as a tax upon dividends declared and paid for the years 1860, 1861, 1862, and 1863. The section in question, so far as it concerns the present case, .reads thus: “And the said…

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Certified from the Court at Nisi Prius. This was an action of'assumpsit, by The City of Philadelphia against The Citizens’ Passenger Railway Company, to recover from the defendants the sum of $6934.51 and interest, alleged to b.e due under the 7th section of their charter, passed March 25th 1858, as a tax upon dividends declared and paid for the years 1860, 1861, 1862, and 1863. The section in question, so far as it concerns the present case, .reads thus: “And the said company shall annually pay into the treasury of the city of Philadelphia, for the use of said city, whenever the dividends…

1Opinion of the Court

The opinion of the court was delivered, by

Thompson, J.

We see no good reason for differing from the company in regard to their reports of stock-earning dividends made to the auditor-general for the years 1860, 1861, 1862, and 1863. It is not alleged they were made in mistake, and we ought to hold them bound by them, and not involve ourselves in discussions about matters more likely to disguise than to reveal the truth. In these respects the capital stock paid in is statéd at $192,750, and the aggregate of the dividends on that alone is reported in each year. It is the tax due the city on the…

2Cited by4 opinions

  1. Phillips's EstateSupreme Court of Pennsylvania · 1921
  2. Litch v. LitchSuperior Court of Pennsylvania · 1926
  3. Little v. LittleSuperior Court of Pennsylvania · 1914
  4. Commonwealth v. Lehigh Ave. Ry. Co.Supreme Court of Pennsylvania · 1889

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