In re Gillespie

E.D. New York

In re Gillespie

209 F. 1003, 1913 U.S. Dist. LEXIS 1184

CourtDistrict Court, E.D. New York

DecidedDecember 29, 1913

StatusPublished

Cited by6 cases

This text of 209 F. 1003 (In re Gillespie) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Gillespie, 209 F. 1003, 1913 U.S. Dist. LEXIS 1184 (E.D.N.Y. 1913).

Pincite

Opinion

CHATFIELD, District Judge.

The stay as to 10 per cent, of salary held by the city under a garnishee execution cannot be vacated until a discharge has been obtained. As to all other portions of salary earned since the adjudication, there seems to be no assignment, of any rights in existence at the time of assignment and transferable by the assignee, or which could be transferred by the giving of a power of attorney. Hence there is no security as to any property which the trustee could claim even if discharge be denied.

As to the salary over 10 per cent., therefore, the application to vacate stay against the city paymaster, or the city, will be granted, and all creditors named will be restrained from interference with the after-acquired salary over the 10 per cent, named.

Free access — add to your briefcase to read the full text and ask questions with AI

CHATFIELD, District Judge.

The stay as to 10 per cent, of salary held by the city under a garnishee execution cannot be vacated until a discharge has been obtained. As to all other portions of salary earned since the adjudication, there seems to be no assignment, of any rights in existence at the time of assignment and transferable by the assignee, or which could be transferred by the giving of a power of attorney. Hence there is no security as to any property which the trustee could claim even if discharge be denied.

As to the salary over 10 per cent., therefore, the application to vacate stay against the city paymaster, or the city, will be granted, and all creditors named will be restrained from interference with the after-acquired salary over the 10 per cent, named.

Cite This Page — Counsel Stack

Bluebook (online)

209 F. 1003, 1913 U.S. Dist. LEXIS 1184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-gillespie-nyed-1913.

Opinion

Related

Cite This Page — Counsel Stack