People Ex Rel. Bay State Shoe & Leather Co. v. McLean
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, affirming an order of Special Term, directing defendant Hoag, supervisor of the town of Ossining, in the county of Westchester, to strike out from the assessment-roll of that town for the year 1878 an assessment made by the defendants, the assessors of said town, of certain personal property in the town belonging to the relator, the Bay State Shoe and Leather Company.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, affirming an order of Special Term, directing defendant Hoag, supervisor of the town of Ossining, in the county of Westchester, to strike out from the assessment-roll of that town for the year 1878 an assessment made by the defendants, the assessors of said town, of certain personal property in the town belonging to the relator, the Bay State Shoe and Leather Company. (Reported below, 17 Hun, 204.) The relator is a foreign corporation, created under and by virtue of the laws of Massachusetts, and…
1Opinion of the CourtAndrews, J.
The general scheme of the statute for the assessment of the property of corporations other than real estate, for the purposes of taxation, is to assess their capital at its actual value, and their surplus funds, deducting therefrom the value of their real estate, and of shares of other corporations held by them, liable to taxation. (1 R. S., 414,-Laws of 1853, chap. 654; id., 1857, chap. 456; People v. Board of Assessors, 39 N. Y., 81.)
It is in this way that the general prescription of the statute (1 R. S., 390, § 6), subjecting to assessment and taxation “ all the personal estate of every…
2Cases cited2 opinions
- People Ex Rel. Citizens' Gas-Light Co. v. Board of AssessorsNew York Court of Appeals · 1868
- British Commercial Fire Insurance v. Commissioners of Taxes & AssessmentsNew York Court of Appeals · 1864
3Cited by8 opinions
- In Re Indian Territory Illuminating Oil Co.Supreme Court of Oklahoma · 1914
- People Ex Rel. Thurber, Whyland Co. v. BarkerNew York Court of Appeals · 1894
- People ex rel. Troy Union Railroad v. CarterNew York Supreme Court · 1889
- New York Milk Products Co. v. DamonAppellate Division of the Supreme Court of the State of New York · 1901
- Hackettstown National Bank v. ReaNew York Supreme Court · 1872
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