Page Wilson v. Electro Dynamic Co. (Sup.)....1150 Woodhull v. Syracuse, L. S. & N. R. Co. Wilson v. Utica Gas & Electric Co. (Sup.)..1150 Winograd v. Epstein (Sup.). Page (Sup.) 1150 Woods, In re (Sur.). 471 Woolley, Stewart v. (Sup.). 99 1150 Wormser v. Gehri (Sup.). 295 .1150 ..1076 Wren v. Kennedy Valve Mfg. Co. (Sup.).. 710 369 ..1150 . 812 .1116 810 Wintjen, McLaughlin v. (Sup.).... .1136 Wright v. Knights of Maccabees of the Wrigley v. New York (Sup.). 308 Wood, Harbor & Suburban Bldg. & Savings Yost, Bauer v. (Sup.). 173 Youker v. Youker (Sup.). Wood v. Hoffman (Sup.). 940 Yudin, Wexler v. (Sup.). ..1149 Wood v. Luke A. Burke & Sons (Sup.)... .1150 Woodbury, Andrew Jurgens Co. v. (Sup.).. 571 .1137 See End of Index for Tables of New York Supplement Cases in Other Reports. THE New York Supplement VOLUME 106, AND New York State Reporter, VOLUME 140. (121 App. Div. 376.) PEOPLE ex rel. LONG DOCK MILLS AND ELEVATOR v. WILSON, Deputy and Acting Comptroller. (Supreme Court, Appellate Division, Third Department. September 26, 1907.) 1. TAXATION-FOREIGN CORPORATIONS-CAPITAL. A foreign corporation is not entirely exempt from taxation on the ground that all of its capital is employed in the state of its incorporation, and that money employed by it within this state is a part of its surplus. 2. SAME CAPITAL EMPLOYED WITHIN STATE-WHAT CONSTITUTES. Money of a foreign corporation invested in structures on leased ground is capital employed within this state under the corporation tax law, although the structures may become in law the property of the owner of the ground. [Ed. Note. For cases in point, see Cent. Dig. vol. 45, Taxation, § 290.] 8. SAME--CAPITAL STOCK-SURPLUS. A New Jersey corporation had a branch office in New York. The capital stock authorized by its charter to the amount of $25,000 was actually invested in New Jersey; the additional amount of $12,500 being invested out of its surplus in this state. Held that, for the purpose of taxation under the corporation tax law, dividends paid within the year should be estimated as paid on a capital stock of $37,500, and not on one of $25,000. [Ed. Note. For cases in point, see Cent. Dig. vol. 45, Taxation, § 634.] Certiorari by the people, on the relation of the Long Dock Mills and Elevator, against William C. Wilson, deputy and acting Comptroller of the state, to review an assessment of a franchise tax. Determination of Comptroller modified, and, as modified, affirmed. 106 N.Y.S.-1 |