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Matter of Western Electric Co. v. Taylor

12 N.E.2d 309, 276 N.Y. 309, 1938 N.Y. LEXIS 1190
CourtNew York Court of Appeals
DecidedJanuary 11, 1938
StatusPublished
Cited by12 cases

This text of 12 N.E.2d 309 (Matter of Western Electric Co. v. Taylor) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matter of Western Electric Co. v. Taylor, 12 N.E.2d 309, 276 N.Y. 309, 1938 N.Y. LEXIS 1190 (N.Y. 1938).

Opinion

Per Curiam.

We agree with the courts below that the language of the enabling act impliedly authorized the city to impose the requirement of the deposit of the disputed tax and the posting of a bond as a condition of judicial review of the action of the local taxing authorities. We are also of opinion that the statute does not violate the provisions of the Constitution of the State invoked by the appellant.

The order should be affirmed, with costs.

Crane, Ch. J., O’Brien, Loughran, Finch and Rippey, JJ., concur; Lehman and Hubbs, JJ., dissent on the ground that under the enabling act such power was not conferred upon the city.

Order affirmed.

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Bluebook (online)
12 N.E.2d 309, 276 N.Y. 309, 1938 N.Y. LEXIS 1190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-western-electric-co-v-taylor-ny-1938.