
    The Fairfield Chemical Company, Relator and Res’pt, v. The Commissioners of Taxes and Assessment for the City of New York, App’lts.
    
      (Supreme Court, General Term, First Department,
    
    
      Filed March 29, 1889.)
    
    Taxes and assessment—Corporations— Real estate out of the state— Measure of value—Deduction.
    The commissioners of taxes and assessments for the city of New York, for the purpose of fixing the taxes to be paid by the relator on their capital for the year 1888, deducted from the valuation of their capital the assessed value of their real estate situate in Connecticut, instead of the actual value; on certiorari to review the assessment, the mode adopted by the commissioners was held to be erroneous.
    Certiorari to review an assessment for the year 1888, in reference to the relator. ]
   Brady, J.

It appears in this matter that the real estate of the respondent was situated in the town of Black Rock, near Bridgeport, in the state of Connecticut, and indeed all its personal. property was there situate. The business place in this city being kept exclusively for the sale of the product of its chemical works.

The appellants in estimating the amount which should be taxed, deducted from the real estate what was denominated its assessed value instead of its actual value, the difference between these values being very considerable.

The learned justice in the court below determined upon the cases of The People ex rel. The Twenty-third Street R. R. Co. v. The Commissioners of Taxes, etc., 95 N Y. 554 and The People ex rel. The Panama R. R. Co. v The Same, 104 id., 240, that the mode adopted by the appellants was erroneous, and in this conclusion he is undoubtedly sustained by the authorities mentioned. Whatever may be the result of a further consideration of the question, if there should be any other in the court of last resort, these adjudications declare the rule emphatically.

Tho deduction made in the Panama case was of the actual value, and the court, per Andrews J., in considering the propriety of that mode, said: 6‘It is true that the deduction on account of the real estate is not, in terms, of the assessed value,” and then suggesting that the legislature in directing a deduction of the assessed value of the real estate, doubtless had primarily in view domestic corporations with real estate located here, said: “But the assessed value of real estate is in theory its actual vale, and where a corporation had real estate in another state or country, the just construction of the statute required the deduction to be measured by its actual value.” And the case in 95 N. Y. (supra) was quoted as sustaining such a rule.

It is thought by the counsel for the appellant that the question of the assessed value was not before that court, a proposition which cannot be sustained, unless he means by that that the assessed value in figures was not mentioned.

The difference between the assessed value and the actual value, and the application of the different modes suggested by these different valuations was considered and applied. We do not purpose to enter into a discussion of the propriety of these decisions, but to apply them in all kindred cases, as the learned justice in the court below did, and as we think properly.

Indeed the order appealed from might very well be affirmed upon the opinion rendered in the court below.

Ordered accordingly. Judgment affirmed, with costs.

Van Brunt, Oh. J., and Brady, J., concur.  