Manhattan Railway Co. v. Austen — 197 N.Y. 581

Majority

p. 581

In the Matter of the Application of the Manhattan Railway Company, Appellant and Respondent, for a Peremptory Writ of Mandamus against David E. Austen, as Receiver of Taxes for the City of New York, Respondent and Appellant.

Headnote

Mattel• of Manhattan liy. Go. v. Austen, 133 App. Div. 890 , affirmed.

(Argued January 5, 1910;

decided January 25, 1910.)

Cross-appeals from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 11, 1909, Avliich affirmed an order of Special Term granting in part and denying in part a motion for a peremptory Avrit of mandamus to compel the defendant to credit

p. 582

the petitioner with certain payments on account of franchise taxes.

Julien T. Davies and Brainard Tolles for petitioner, appellant and respondent.

Archibald R. Watson, Corporation Counsel (Curtis A. Peters of counsel), for defendant, respondent and appellant.

Order affirmed, without costs; no opinion.

Concur: Cullen, Ch. J., Vann, Werner, Willard Bartlett, Hiscocic and Chase, JJ. Absent: Edward T. Bartlett, J.