People ex rel. Spencerian Pen Co. v. Kelsey
Appellate Division of the Supreme Court of the State of New York
Certiorari by the people, on the relation of the Spencerian Pen Company, against Otto Kelsey, as Comptroller of the state of New York, to review a determination of the latter as to a franchise tax to be paid by relator. Determination confirmed in part, and reversed in part.
1Opinion of the CourtParker, P. J.
The first question to be determined upon this-appeal is whether the Comptroller could properly include the value of the relator’s trade-mark in estimating the value of its capital stock employed within this state. The attorney for the relator-claims that a trade-mark, being intangible property, cannot, in its-very nature, be included in valuing the capital stock of a foreign corporation employed within this state. The domicile of such a corporation being outside of the state, and the trade-mark being-the mere right to exclusively use a certain symbol or device which serves to authenticate…
2Cases cited3 opinions
- People Ex Rel. A.J. Johnson Co. v. . RobertsNew York Court of Appeals · 1899
- People ex rel. Victor Koechl & Co. v. MorganAppellate Division of the Supreme Court of the State of New York · 1904
- People ex rel. American Surety Co. v. CampbellNew York Supreme Court · 1892