New Orleans v. Stemple

by David Josiah Brewer

United States Supreme Court

175 U.S. 309

New Orleans  v.  Stemple

 Argued: October 25, 1899. --- Decided: December 4, 1899

This case comes on appeal from the circuit court of the United States for the eastern district of Louisiana. It is a suit brought by the appellee to restrain the collection of taxes levied upon certain personal property which she claims was exempt from taxation. The important facts are these: The plaintiff, as well as the infants whose guardian she is, and for whose benefit she brings this suit, are residents of the state of New York, in which state she has been duly appointed the guardian of their estates. The infants inherited certain property from their grandfather, a resident of Louisiana, whose estate was duly settled in the proper court of that state. By regular proceedings these infants had been adjudged his legal heirs, and she, as guardian, had been put in possession of their property thus inherited. The order of the court, in this respect, was rendered February 14, 1896, and the taxes which were sought to be restrained were those for that year. The assessment, as appears by the assessment roll, was in the name of 'the estate of D. C. McCan;' was of $15,000, 'money in possession, on deposit, or in hand,' and of $800,000, 'money loaned on interest, all credits and all bills receivable, for money loaned or advanced, or for goods sold; and all credits of any and every description.' The principal contentions of the plaintiff were: First, that included within this personal property was some $228,000 of bonds of the state of Louisiana, taxation of which by the state or any of its municipalities was void, as impairing the obligation of a contract made by the state. Second, that the situs of the loans and credits was in New York, the place of residence of the guardian and wards, and, therefore, being loans and credits without the state of Louisiana they were not subject to taxation therein.

Messrs. F. C. Zacharie and J. J. McLoughlin for appellants.

Mr. E. Howard McCaleb for appellee.

Mr. Justice Brewer delivered the opinion of the court:

Notes