McGoldrick v. Compagnie Generale Transatlantique, 309 U.S. 430 (1940)

McGoldrick v. Compagnie Generale Transatlantique

No. 44

Argued January 2, 1940
Decided March 25, 1940
309 U.S. 430

CERTIORARI TO THE SUPREME COURT OF NEW YORK

Syllabus

1. Application of the New York City sales tax to sales of fuel oil, contracted for in New York City and performed after shipment from New Jersey by delivery to the purchaser’s vessels in New York Harbor, held not to have imposed an unconstitutional burden on interstate commerce. McGoldrick v. Berwind-White Coal Mining Co., ante, p. 33. P. 431.

2. Upon review of a decision of a state court adjudging a statute of the State invalid by an erroneous construction of the Federal Constitution, this Court will not entertain other constitutional objections against the statute and in support of the judgment, which were not presented to or considered by the state court, but will reverse the judgment, leaving the state courts free to decide any federal question remaining undecided here which may be raised in conformity with their own procedure. P. 433.

279 N.Y.192; 280 id. 691; 18 N.E.2d 28; 21 N.E.2d 199, reversed.

Certiorari, 307 U.S. 620, to review the affirmance of judgments, 254 App.Div. 237, 4 N.Y.S.2d 661, setting aside as in violation of the commerce clause of the Federal Constitution a tax levied by the City of New York on sales of fuel oil.