Legal Opinion

People Ex Rel. Bridgeport Savings Bank v. Barker

New York Court of Appeals

Decided October 12, 1897PublishedCited by 6 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 29, 1897, which affirmed an order of Special Term vacating an assessment upon shares of national and state banks in the city of Hew York belonging to the relator for the purposes of taxation for the year 1894. The facts, so far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 29, 1897, which affirmed an order of Special Term vacating an assessment upon shares of national and state banks in the city of Hew York belonging to the relator for the purposes of taxation for the year 1894. The facts, so far as material, are stated in the opinion. An exemption of property accorded to the respondent by the statutes of Connecticut would not avail to exempt such property in the state of Hew York. (Catlin v. Trustees of Trinity College, 113 N. Y. 142; People ex…

1Opinion of the CourtBartlett, J.

The relator is a Connecticut corporation and was, in 1894, the owner of certain shares of stock of national and state banks doing business in the city of ISTew York, the market value of which was $49,934. The defendants assessed the relator upon the total amount of this stock. Application was duly made to the defendants to vacate this assessment, on the ground that the just debts of the relator exceeded the aggregate value of the shares. This application was refused.

The Special Term reviewed the assessment on certiorari and vacated it upon the ground that it was illegal, erroneous and void.…

2Cases cited2 opinions

  1. People Ex Rel. Savings Bank of New London v. ColemanNew York Court of Appeals · 1892
  2. People v. Mechanics & Traders' Savings InstitutionNew York Court of Appeals · 1883

3Cited by6 opinions

  1. People Ex Rel. Cornell Steamboat Co. v. DederickNew York Court of Appeals · 1900
  2. In re the Estate of WhiteAppellate Division of the Supreme Court of the State of New York · 1907
  3. In re the Estate of HitchingsAppellate Division of the Supreme Court of the State of New York · 1953
  4. People ex rel. Heermance v. DederickAppellate Division of the Supreme Court of the State of New York · 1898
  5. People ex rel. Heermance v. DederickAppellate Division of the Supreme Court of the State of New York · 1898

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