Legal Opinion

Clark v. Bailey

U.S. Circuit Court for the District of Southern New York

Decided June 16, 1874PublishedCited by 3 opinions

[At law. Separate actions by Luther C. Clark and others, comprising the firm of Clark, Dodge & Co., and by Frank Work and others, against Joshua F. Bailey, collector of internal revenue, to recover back taxes imposed and collected.]

1Opinion of the Court

WOODRUFF, Circuit Judge.

1. I am of opinion, that, at the respective times when the taxes were imposed and collected, for recovering back which the plaintiffs in the first above named action bring their suit, they were bankers doing business as such, within the definition given in the acts of congress of June 30, 1804, and July 13, 1800 (13 Stat. 251, § 79; 14 Stat. 115, subd. 1). Besides their business of purchasing stocks, advancing money therefor, and, in the language of those engaged in such business, “carrying them on a margin,” they had “a place of business where credits were opened by…

2Cited by3 opinions

  1. United States v. Bank of AmericaDistrict Court, E.D. Pennsylvania · 1883
  2. Old Colony Trust Co. v. MalleyDistrict Court, D. Massachusetts · 1923
  3. People ex rel. Hecker-Jones-Jewell Milling Co. v. BarkerNew York Supreme Court · 1895

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