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FOUNDERS GENERAL CORPORATION v. HOEY

No. 282.

84 F.2d 976 (1936)

FOUNDERS GENERAL CORPORATION v. HOEY, Collector of Internal Revenue.

Circuit Court of Appeals, Second Circuit.

July 6, 1936.

Attorney(s) appearing for the Case

Seibert & Riggs, of New York City (Royal E. T. Riggs and Murray Taylor, both of New York City, of counsel), for plaintiff-appellant.

Lamar Hardy, U. S. Atty., of New York City (Henderson Mathews, Asst. U. S. Atty., and Richard Delafield, Sp. Asst. to the U. S. Atty., both of New York City, of counsel), for defendant-appellee.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This action was brought to recover from the defendant, as collector of internal revenue, the sum of $4,733.33, and interest, which was a tax alleged to have been collected by him from the plaintiff without lawful authority. On September 10, 1929, the plaintiff, Founders General Corporation, entered into a written agreement with United States Electric Power Corporation to subscribe for 100,000 shares of the common stock of the latter...

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