People ex rel. Smith v. O'Donnell
New York Supreme Court
On the second Monday of January, 1904, the relator, a resident of Hewark, H. J., had invested in the limited partnership of Harrison & Smith, a firm of Hew-York stock brokers, the sum of $100,000, as special capital. The commissioners of taxes and assessments assessed the entire amount of this special capital as capital invested in business in the city of New York by a nonresident.
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On the second Monday of January, 1904, the relator, a resident of Hewark, H. J., had invested in the limited partnership of Harrison & Smith, a firm of Hew-York stock brokers, the sum of $100,000, as special capital. The commissioners of taxes and assessments assessed the entire amount of this special capital as capital invested in business in the city of New York by a nonresident. Relator sought to deduct indebtedness of $25,000 upon open accounts and $50,000 upon notes upon the ground that all of said indebtedness was to citizens of the State of New York and incurred in the usual and due…
1Opinion of the CourtLeventritt, J.
The motion to quash must be granted as the relator does not bring himself within the controlling authority of People ex rel. Hecker-Jones-Jewell Milling Co. v. Barker, 147 N. Y. 31, by showing that the debts he seeks to deduct from his investment as a special partner were incurred in relation to that investment. Whatever may be the dicta in the two cases of People ex rel. Barney v. Barker (16 App. Div. 266, affd., 154 N. Y. 762; 35 App. Div. 486, affd., 159 N. Y. 569), the decisions are both founded on the Hecker-Jones-Jew ell case, and if in conflict, the dicta must yield to what has…
2Cases cited7 opinions
- City of New York v. . McLeanNew York Court of Appeals · 1902
- People Ex Rel. Thomson v. . FeitnerNew York Court of Appeals · 1901
- People Ex Rel. Hecker-Jones-Jewell Milling Co. v. BarkerNew York Court of Appeals · 1895
- People ex rel. Barney v. BarkerAppellate Division of the Supreme Court of the State of New York · 1897
- People ex rel. Barney v. BarkerAppellate Division of the Supreme Court of the State of New York · 1898
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