Ajax Trucking Co. v. Browne — 298 N.Y. 736

Majority

p. 736

In the Matter of Ajax Trucking Company, Inc., Appellant, against Browne et al., Constituting the Tax Commission of the State of New York, Respondents.

Argued October 15, 1948;

decided November 24, 1948.

p. 737

Sidney Meyers for appellant.

Nathcmiel L. Goldstein, Attorney-General (Henry S. Manley and Wendell P. Brown of counsel), for respondents.

Order affirmed, with costs. A question under the Constitution of the United States was presented and necessarily passed upon. The appellant contended that the application of section 184 of article 9 of the Tax Law of the State of New York, as mad© in this case, is violative of section 8 of article I of the Constitution of the United States. This court held to the contrary. No opinion.

Concur: Lottohean, Ch. J., Lewis, Conway, Desmond, Dye and Field, JJ.