Citizens' Nat. Bank v. Klauss

Decision Date27 January 1911
Docket NumberNo. 7,865.,7,865.
Citation93 N.E. 681,47 Ind.App. 50
PartiesCITIZENS' NAT. BANK v. KLAUSS, Treasurer.
CourtIndiana Appellate Court


Appeal from Superior Court, Vanderburgh County; Alexander Gilchrist, Judge.

Action by Citizens' National Bank against Otto L. Klauss, Treasurer, etc., to enjoin collection of taxes. From a judgment for defendant, plaintiff appeals. Affirmed.

Robinson & Stilwell, for appellant. Daniel H. Ortmeyer and Geo. A. Cunningham, for appellee.


This proceeding was instituted by appellant for and on behalf of certain of its stockholders named against appellee, as treasurer of Vanderburgh county, Ind., to enjoin appellee from collecting taxes which appellant claims were illegally assessed against its said stockholders. Issues were formed by complaint in one paragraph and answer in general denial. Upon request the court made a special finding of facts and stated conclusions of law thereon. Judgment was rendered on said conclusions of law that appellant take nothing by this action, and that appellee recover his costs.

It appears from the special finding of facts that on the 1st day of March, 1909, and for more than one year immediately following said date, the appellant was a banking corporation organized under the laws of the United States of America, and located in the city of Evansville, Ind.; that on the 10th day of May, 1909, appellant by its cashier made out a statement under oath, in duplicate, showing the number of shares of capital stock of such bank, the name and residence of each shareholder, with the number of shares owned by each, and delivered said statement to the auditor of said county. In addition to the above, said statement also shows that on March 1, 1909, said bank had a paid-up capital stock of $200,000, surplus $40,000, undivided profits $16,757; that dividends were paid during the preceding year amounting to 7 per cent.; and that the assessed value of real estate held by the bank was $46,030. It is further found that upon notice given as provided by statute the county board of review for said county met in the courthouse of said county on the first Monday of June, 1909, for assessment, review, and equalization of taxes, and remained in session 30 days; that said statement, aforesaid, was by the auditor of said county laid before said board of review; that on the 1st day of July, 1909, at a regular meeting of said board, on motion, the said board placed an assessment of 70 per cent. on the value of the capital stock, surplus, and undivided profits of appellant bank, amounting to $179,730; that between the first Monday in July and the last day of December of the year 1909 the auditor of said county made out a duplicate list of taxes assessed in said county and entered the valuation of such capital stock of appellant on the tax duplicate of the current year, and computed and extended taxes thereon the same as against the valuation of other property in said city of Evansville, Ind., setting out a copy of the tax duplicate, as follows, omitting the names of shareholders and number of shares owned by each:

City of Evansville-Tax Duplicate of Vanderburgh County, Indiana, for 1909.

Tax Duplicate # 4357 Citizens Nat'l Bank


*** [Number of shares omitted.]


                ¦Total Shares 2000 at $100 per share             ¦           ¦
                ¦70% Capital Stock, surplus and Undivided profits¦$179,730.00¦
                ¦Less real estate                                ¦46,030.00  ¦
                ¦                                                ¦$133,700.00¦
                ¦First installment                               ¦1,845.06   ¦
                ¦2nd                                             ¦1,845.06   ¦
                ¦                                                ¦$ 3,690.12 ¦

It is also found that on or before the last day of December of the year 1909 said auditor caused to be delivered to the appellee a copy of such duplicate; that appellee, as soon as he received such duplicate, caused notice to be given as provided by statute of the amount of taxes charged for state, county, school, road, or other purposes, etc.; that the first installment of taxes on said shares of capital stock was not paid on or before the first Monday in May, 1910; that after said date said appellee added to said taxes a penalty of 10 per cent.; that thereafter, on the 1st day of June, 1910, the auditor and treasurer of said county extended upon the tax duplicates of said county for the year 1909 the amount of taxes due from each shareholder of appellant, setting out opposite the name and number of shares of each shareholder on said tax duplicate, the amount of taxes assessed against such shares, with 10 per cent. penalty added. It is further found that appellee is threatening to, and will unless restrained, proceed to make demand upon each of said shareholders for the amount of said taxes due upon his respective shares of stock, and, if not paid, will proceed to levy upon the personal property of such shareholders; that no notice was given to said bank or to any of its shareholders by the auditor of said county or appellee that the taxes would be extended upon the tax duplicates of said county for the year 1909, as made by said auditor and appellee on the 1st day of June, 1910, and that neither said bank nor any of its shareholders had any notice that such action or that any action would be taken by said auditor and appellee to so extend said taxes on said duplicate; that certain persons, naming them, were each the owner of more than one share of the capital stock of said bank on March 1, 1909, and that all the taxes due from each on the first Monday of May, 1910, except the...

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1 cases
  • Bd. of Com'rs of Marion Cnty. v. Western Elec. Co.
    • United States
    • Indiana Appellate Court
    • November 13, 1924
    ...550, 552, 55 N. E. 451;Gallup v. Schmidt, 154 Ind. 196, 56 N. E. 443;Hubbard v. Goss, 157 Ind. 485, 62 N. E. 36;Citizens' National Bank v. Klauss, 47 Ind. App. 57, 93 N. E. 681. Appellee, an individual taxpayer, by its demurrer admitting the averments of the answers that its property was no......

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