241 A.D. 323 | N.Y. App. Div. | 1934
We agree with the learned Special Term that causes of action in the amended complaint numbered “ first,” “ second,” “ third,” “ fifth,” “ sixth,” “ seventh,” “ eighth ” and “ ninth ” are barred by the six-year Statute of Limitations; cause of action numbered “ fourth ” is based upon a payment by a State bank of a tax assessed against its shareholders under chapter 897 of the Laws of 1923. This statute is not unconstitutional even as to taxation of capital invested in national banks. (Peoples Nat. Bank & Trust Co. v. County of Westchester, 261 N. Y. 342.) We find in the complaint, therefore, no basis for a claim of invalidity as to the taxation of capital invested in State banking institutions.
All concur.
Judgment reversed on the law as to alleged cause of action No. 10, and as to such cause of action the motion is denied, and otherwise judgment affirmed, without costs on this appeal.