Legal Opinion

People v. . Wilmerding

New York Court of Appeals

Decided January 17, 1893PublishedCited by 25 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made the first Monday of November, 1891, which directed judgment in favor of plaintiff on submission of a controversy under the Code of Civil Procedure (§ 1279). The question arising in this case was as to the light of the state under the provisions of the Revised Statutes (1 R. 8. 529, § 1), and the various amendments thereto to impose duties upon sales of…

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made the first Monday of November, 1891, which directed judgment in favor of plaintiff on submission of a controversy under the Code of Civil Procedure (§ 1279). The question arising in this case was as to the light of the state under the provisions of the Revised Statutes (1 R. 8. 529, § 1), and the various amendments thereto to impose duties upon sales of imported goods, made by plaintiff as an auctioneer in the city of Hew York. The facts, so far as material, are stated in…

1Opinion of the CourtPeckham, J.

This controversy comes before us on appeal from a judgment of the General Term of the first department in favor of the plaintiff, entered upon a submission -of an agreed case to the court without suit.

The defendant is an auctioneer residing in the city of Hew York and during the last six months of the year ending in December, 1889, he made certain sales of goods which had been imported, and upon which sales the plaintiff claimed certain fees or duties had accrued, and were payable by the defendant to the state comptroller. The defendant asserted that the act under which the duties were…

2Cases cited2 opinions

  1. People Ex Rel. Canajoharie National Bank v. Board of SupervisorsNew York Court of Appeals · 1876
  2. Van Denburgh v. President & Trustees of Village of GreenbushNew York Court of Appeals · 1876

3Cited by25 opinions

  1. In re the Estate of WeltonNew York Surrogate's Court · 1931
  2. Schooley v. City of ChehalisWashington Supreme Court · 1915
  3. Bank of Metropolis v. . FaberNew York Court of Appeals · 1896
  4. Five Boro Electrical Contractors Ass'n v. City of New YorkNew York Court of Appeals · 1962
  5. Kienle v. Fred Gretsch Realty Co.Appellate Division of the Supreme Court of the State of New York · 1909

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