Lincoln Capital Corp. v. E. H. Roth, Inc.

Appellate Terms of the Supreme Court of New York

Lincoln Capital Corp. v. E. H. Roth, Inc.

143 Misc. 683, 256 N.Y.S. 912, 1932 N.Y. Misc. LEXIS 1048

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 6, 1932

StatusPublished

Cited by1 cases

This text of 143 Misc. 683 (Lincoln Capital Corp. v. E. H. Roth, Inc.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lincoln Capital Corp. v. E. H. Roth, Inc., 143 Misc. 683, 256 N.Y.S. 912, 1932 N.Y. Misc. LEXIS 1048 (N.Y. Ct. App. 1932).

Pincite

Opinion

Per Curiare

It appears that previous to the making of the order for the violation of which the third party appellant has been adjudged in contempt, the judgment debtor, E. H. Roth, Inc., had assigned the debt to another firm, to which the third party [684]*684thereafter made payment. The assignment of the debt divested the debtor of all title to the fund and vested title in the assignee. Payment to the assignee, therefore, did not constitute a violation of the order restraining the third party from transferring property belonging to the debtor. (Matter of Duryea, 17 App. Div. 540.)

Order reversed, with ten dollars costs and disbursements, and motion denied.

All concur; present, Levy, Callahan and Untermyer, JJ.

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Per Curiare

It appears that previous to the making of the order for the violation of which the third party appellant has been adjudged in contempt, the judgment debtor, E. H. Roth, Inc., had assigned the debt to another firm, to which the third party [684]*684thereafter made payment. The assignment of the debt divested the debtor of all title to the fund and vested title in the assignee. Payment to the assignee, therefore, did not constitute a violation of the order restraining the third party from transferring property belonging to the debtor. (Matter of Duryea, 17 App. Div. 540.)

Order reversed, with ten dollars costs and disbursements, and motion denied.

All concur; present, Levy, Callahan and Untermyer, JJ.

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Bluebook (online)

143 Misc. 683, 256 N.Y.S. 912, 1932 N.Y. Misc. LEXIS 1048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lincoln-capital-corp-v-e-h-roth-inc-nyappterm-1932.

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