Supreme Court of Delaware, 1936

State of New York v. Mahaffy

State of New York v. Mahaffy
Supreme Court of Delaware · Decided November 10, 1936 · Rodney
22 Del. Ch. 405; 12 A.2d 389; 1936 Del. Ch. LEXIS 37
State of New York v. Mahaffy

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

Rodney, J.,

delivering the opinion of the Court:

We are in entire accord with the opinion of the Chancellor, reported as Elsner v. United American Utilities, Inc., 21 Del. Ch. 73, 180 A. 589.

It would serve no useful purpose to here restate, in varying language, the reasoning or conclusion of the Chancellor. He considered every argument of the present appellant and cites every pertinent case.

The Chancellor held that, according to the decisions of the highest court of New York, the United American Utilities, Inc., was not “carrying on business” or “doing business” in the State of New York, and therefore no New York license fees or franchise taxes were payable. With this opinion we agree and on its reasoning and on the cases cited therein the decree is affirmed.

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