Sun Mutual Insurance v. Mayor of New York
The Superior Court of New York City
This was an appeal from a judgment at special term .dismissing the complaint. " The question to he determined arose entirely upon the pleadings. The complaint set forth inter alia that the plaintiffs (the appellants) are a corporation, incorporated and existing under and by virtue of three successive acts of the Legislature, passed respectively May 22,1841 ; April 6,1842 ; and March 19,1844; and prayed that those acts might be taken as part of -the complaint.
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This was an appeal from a judgment at special term .dismissing the complaint. " The question to he determined arose entirely upon the pleadings. The complaint set forth inter alia that the plaintiffs (the appellants) are a corporation, incorporated and existing under and by virtue of three successive acts of the Legislature, passed respectively May 22,1841 ; April 6,1842 ; and March 19,1844; and prayed that those acts might be taken as part of -the complaint. That the Company transacts and has always transacted its whole business with a fund created and arising out of the moneys paid or…
1Opinion of the Court
By the Court.
Oakley, Ch. J.
It is not to be denied that there is much force in the arguments that have been addressed to us by the learned counsel for the appellants, upon the principal question in the cause, viz. the liability of the Company to be taxed, under the Revised Statutes, as a monied corporation, deriving an income or profit from its capital (1 R. S. Part 1, Chap. 13, Tit. iv.); and were we at liberty to consider that question as still open, we should, perhaps, find it difficult to escape from the conclusion that was pressed upon our adop*14tion ; but we cannot regard the question as…
2Cited by10 opinions
- People ex rel. Twitchell v. BlodgettMichigan Supreme Court · 1865
- Sears v. CottrellMichigan Supreme Court · 1858
- The People v. . the Home Insurance Co.New York Court of Appeals · 1883
- Stone v. BrownTexas Supreme Court · 1881
- People Ex Rel. Burrows v. Supervisors of Orange CountyNew York Court of Appeals · 1858
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