Orleans Parish v. New York Life Ins. Co., 216 U.S. 517 (1910)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Orleans Parish v. New York Life Ins. Co., 216 U.S. 517 (1910)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 216 U.S. 504, click here.
Orleans Parish v. New York Life Insurance Company No. 112 Argued January 27, 1910 Decided February 28, 1910 216 U.S. 517
APPEAL FROM THE, CIRCUIT COURT OF THE UNITED STATES
FOR THE EASTERN DISTRICT OF LOUISIANA
Syllabus
Where a policyholder simply withdraws a portion of the reserve on his policy for which the life insurance company is bound, and there is no personal liability, it is not a loan or credit on which the company can be taxed as such, and this is not affected by the fact that the policyholder gives a note on which interest is necessarily charged to adjust the account.
To tax such accounts as credits in a state where the company has made the advances would be to deprive the company of its property without due process of law. Metropolitan Life Ins. Co. v. New Orleans, 205 U.S. 395 distinguished.
Even if a state can tax a bank deposit that is created only to leave the state at once, a statute purporting to levy a tax upon all property within the state should not be construed, in the absence of express terms or a direct decision to that effect by the state court, as intending to include such a deposit, and so held as to the statute of Louisiana involved in this case.
158 F. 462 affirmed.
The facts are stated in the opinion.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Orleans Parish v. New York Life Ins. Co., 216 U.S. 517 (1910) in 216 U.S. 517 216 U.S. 521. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=WYWHPLIQHCDWVTJ.
MLA: U.S. Supreme Court. "Syllabus." Orleans Parish v. New York Life Ins. Co., 216 U.S. 517 (1910), in 216 U.S. 517, page 216 U.S. 521. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=WYWHPLIQHCDWVTJ.
Harvard: U.S. Supreme Court, 'Syllabus' in Orleans Parish v. New York Life Ins. Co., 216 U.S. 517 (1910). cited in 1910, 216 U.S. 517, pp.216 U.S. 521. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=WYWHPLIQHCDWVTJ.
|