Union National Bank v. Mayor, Aldermen and Commonalty
New York Court of Appeals
This action was brought to recover the amount of a tax paid by plaintiff, alleged to have been illegally assessed upon a portion of its capital invested in United States stocks.
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This action was brought to recover the amount of a tax paid by plaintiff, alleged to have been illegally assessed upon a portion of its capital invested in United States stocks. The complaint, after alleging the imposition of the tax, set forth its confirmation by the Supreme Court on certiorari, and, after the rendition of judgment, that notice was served by the receiver of taxes that unless paid a penalty would be mposed by way of interest, and a warrant would be issued; that payment was compulsorily made under said judgment; that defendants took the amount so paid from the receiver, and…
1Opinion of the Court
Lott, Ch. C.,
reads for reversal.
Judgment for plaintiff for amount of its claim, with interest from the time t'ax was paid, with costs, unless defendants elect to withdraw demurrer and answer complaint on payment of all costs accruing subsequent to demurrer.
All concur.
Judgment accordingly.
2Cited by7 opinions
- Kansas Pacific Railway Co. v. Commissioners of Wyandotte CountySupreme Court of Kansas · 1876
- Noyes v. StateWisconsin Supreme Court · 1879
- Dale v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
- Hoffman v. New York Railways Co.City of New York Municipal Court · 1914
- Dale v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
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