Horace Gray

“ On the other hand it is contended that the sum paid into court should have been applied, according to the evident intention of the defendant in paying it, to both principal and interest of the sum admitted to be due, instead of applying it to interest on the whole claim sued for, and thereby increasing the sum on which to compute subsequent interest. We are of opinion that in this matter the defendant is right. In equity, at least, the defendant was entitled to the benefit of the sum paid into court. ”

“ Although it is hard to see how telegraph companies can have 'machinery employed in any branch of manufactures,' unless they make their own machines, yet railroad corporations, which are coupled with telegraph companies in the statutes in question, as well as other corporations embraced in those statutes, might have such machinery. ”

“ Three informations in equity were filed in the supreme judicial court of Massachusettes by the attorney general at the relation of the treasurer of the commonwealth, against the Western Union Telegraph Company, a corporation of New York, under section 54 of chapter 13 of the Public Statutes of Massachusetts, for the recovery of taxes assessed to the defendant for the years, 1886, 1887, and 1888 under other sections of that chapter, and interest thereon at the rate of 12 per cent. ”

“ By section 38 'every corporation chartered by the commonwealth or organized under the general laws for purposes of business or profit, having a capital stock divided into shares,' (with certain exceptions,) shall annually return to the tax commissionera l ist of its shareholders and the number of shares belonging to each, the amount of its capital stock, the par value and market value of the shares, and the locality and value of its real estate and machinery subject to local taxation within the commonwealth ”