Northwestern Mutual Life Insurance v. Johnson

The plaintiff sued the defendant state treasurer for the sum of $4,325.87, as a portion of the tax assessed against it in the year 1934 by the state board of equalization under the provisions of section 14 of article XIII of the Constitution and paid under protest. Judgment was entered for the plaintiff and the defendant appealed. The cause is presented on an agreed statement of facts.

The plaintiff is an insurance company doing business in this state. As such it is and was at the time herein involved required by the provisions of section 14 of article XIII of the Constitution to pay a tax measured by a percentage of the gross premiums received from business done in this state. The section also provides that there shall be deducted from the amount of such tax the amount of taxes “paid by such companies on real estate owned by them in this state”.

In 1934 the state board of equalization levied against the plaintiff a state tax of $74,425.40 computed by the percentage of its gross premiums received during the calendar year 1933. That tax became due and payable" on the first Monday in July, 1934, and the plaintiff paid the same in two installments. Of said tax, however, the…