ROANOKE WATERWORKS CO. v. ANDERSON


18 F.2d 331 (1927)

ROANOKE WATERWORKS CO. v. ANDERSON, Collector of Internal Revenue.

District Court, S. D. New York.

February 24, 1927.


Attorney(s) appearing for the Case

Hornblower, Miller & Garrison, of New York City (John C. Banser and George H. Fox, both of New York City, of counsel), for plaintiff.

Emory R. Buckner, U. S. Atty., of New York City (Samuel C. Coleman, Asst. U. S. Atty., of New York City, of counsel), for defendant.


AUGUSTUS N. HAND, District Judge.

This is an action for the return of taxes alleged to have been improperly exacted from the plaintiff.

On January 1, 1916, the plaintiff executed a mortgage securing a bond issue. The bonds each contained the following clause: "The principal and interest on this bond are payable whenever lawful without deductions for taxes which the company may be required to pay or to retain therefrom by any governmental authority of the United...

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