Page:Federal Reporter, 1st Series, Volume 7.djvu/164

 152 FBDEBAL BEPOBTBB. �fact, compatible with her honesty, is that ehe so intended it. This undertaking may have been an unwise one on her part. But, where the law gives the wife the power to con- tract as a feme sole, it will hold her to a like obligation to perforais regardless of the consequences to herself or her estate. �The demurrer is sustained. ���FiBST Nat. Bank dp Utica v. Watees and another. �{Circuit Court, If. D. Mw York. May 10, 1881.) �1. National Banks— Taxation— Rev. St. JS 5219. �The exemption from taxation of the shares of varions corporations, under the provisions of a state statute, does not exempt " moneyed capital in the hands of Individual citizens," within the meaning of • section 5219 of the Revised Statutes, relating to the taxation of na- tional bank shares. �2. SaME— ASSESSMENT Roiil/— CUŒKICAL OMISSION. �The omission of a city clerk to extend upon the assessment roll the amount to be paid by each shareholder, until after such roll has been delivered to the city treasurer, does not render the taxation of such shares void. �3. Bamb— Tax (Jollbctor— Warrant. �In such case, therefore, the tax collector is protected by his war- rant, when both such warrant and assessment were apparently regu- lai when they came lo his hands.— [Ed. �In Equity. �Miller e Finke and Ward Hunt, Jr., for complainant. �Alfred C. Coxe, for defendants. �Wallace, D. J. The complainant moves for a preliminary injunction to restrain the defendants from the collection of taxes assessed against its several shareholders, on the ground —First, that the laws of this state impose one rule of assess- ment and taxation upon shareholders in corporations other than banking associations, and another upon banks, whereby a higher taxation incidentally'rests upon the latter, and as to the shareholders of national banking associations thereby vio- lates the rule of uniformity prescribed by section 5219, Kev. ��� �