Louis Brandeis

Name: Marshall v. New York — Opinion of the Court
Author: Louis Brandeis

Marshall v. New York — Opinion of the Court

Summary

“Marshall v. New York — Opinion of the Court”, is a work by Louis Brandeis. It explores elements such as priority, lien and receiver.

Quotes from Marshall v. New York — Opinion of the Court (Louis Brandeis)

Louis Brandeis, Marshall v. New York — Opinion of the Court

“ The propriety of allowing to the state a preference as to amounts due for the annual franchise taxes is admitted by the receiver. No question of the relative priority of the state and the United States is involved. Nor does any question arise as to priority of the state over incumbrances. The single question is presented whether the state of New York has priority in payment out of the general assets of the debtor over other creditors whose claims are not secured by act of the parties nor accorded a preference, by reason of their nature, by the state Legislature or otherwise. ”

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Source: Wikisource

Louis Brandeis, Marshall v. New York — Opinion of the Court

“ The priority of the state extends to all property of the debtor within its borders, whether the debtor be a resident or nonresident and whether the property be in his possession or in custodia legis. The priority is therefore enforceable against the property in the hands of a receiver appointed by a federal court within the state. ”

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Source: Wikisource

Louis Brandeis, Marshall v. New York — Opinion of the Court

“ The only changes of the right made by statute have been by way of enlarging its scope in certain cases. Thus, while by the common law of England (King [in aid of Braddock] v. Watson, 3 Price, 6) and by that of New York (Wise v. L. & C. Wise Co., 153 N. Y. 507, 511, 47 N. E. 788) the priority does not obtain over a specific lien created by the debtor before the sovereign undertakes to enforce its right, the Legislature of New York extended the prerogative right, so as to give certain taxes priority over prior incumbrances. ”

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Source: Wikisource

Louis Brandeis, Marshall v. New York — Opinion of the Court

“ Ct. 754, 42 L. Ed. 105, would be enforced against property in the custody of a receiver appointed by a federal court. The fact that the right rests on the common law independently of any statute, does not, of course, affect the right of enforcement in the federal courts.
City of Richmond v. Bird, 249 U.S. 174, 39 Sup. Ct. 186, 63 L. Ed. 543, relied upon by the petitioner is not in point. The city sought there in vain to have taxes declared payable out of the bankrupt's assets in preference to the claim of the landlord thereon which was secured by a specific lien arising upon distraint. ”

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Source: Wikisource

Louis Brandeis, Marshall v. New York — Opinion of the Court

“ By reason of that provision the annual franchise tax takes priority over incumbrances on the corporate property. New York Terminal Co. v. Gaus, 204 N. Y. 512, 98 N. E. 11. Under the earlier law a debt for franchise taxes was not 'a technical lien on specific property' and had been ordered paid out of moneys in receivers' hands. Central Trust Co. v. New York City & Northern R. R. Co., 110 N. Y. 250, 259, 18 N. E. 92, 1 L. R. A. 260. In the case at bar the District Judge relied upon section 197 as justifying him in giving priority for the claim for annual franchise taxes ”

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Source: Wikisource

Louis Brandeis, Marshall v. New York — Opinion of the Court

“ This priority arose and exists independently of any statute. The Legislature has never, in terms, limited its scope; and the courts have rejected as unsound every contention made that some statute before them for construction had, by implication, effected a repeal or abridgement of the priority. ”

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Source: Wikisource

Louis Brandeis, Marshall v. New York — Opinion of the Court

“ Matter of Atlas Iron Construction Co., 19 App. Div. 415, 419, 46 N. Y. Supp. 467 (1897) ; Niederstein, 154 App. Div. 238, 246, 138 N. Y. Supp. 952 (1912) ; Matter of Wesley, 156 App. Div. 403, 405, 141 N. Y. Supp. 1031 (1913) ; People v. ”

Louis Brandeis

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