McDermott Dairy Co. v. Nimmcke

Appellate Division of the Supreme Court of New York

McDermott Dairy Co. v. Nimmcke

143 N.Y.S. 1129

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 23, 1913

StatusPublished

This text of 143 N.Y.S. 1129 (McDermott Dairy Co. v. Nimmcke) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McDermott Dairy Co. v. Nimmcke, 143 N.Y.S. 1129 (N.Y. Ct. App. 1913).

Pincite

Opinion

PER CURIAM.

The examination of the

judgment debtor disclosed that the money in the bank was that of his wife, and upon the motion made to punish him for contempt the wife came into court and showed that she was the owner of the fund, and this was undisputed. The judgment creditor's right to reach this money is at least so questionable that it should not be enforced by contempt proceedings. Order reversed, with $10 costs and disbursements, the amount, when taxed, to be credited upon the judgment.

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PER CURIAM.

The examination of the

judgment debtor disclosed that the money in the bank was that of his wife, and upon the motion made to punish him for contempt the wife came into court and showed that she was the owner of the fund, and this was undisputed. The judgment creditor's right to reach this money is at least so questionable that it should not be enforced by contempt proceedings. Order reversed, with $10 costs and disbursements, the amount, when taxed, to be credited upon the judgment.

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Bluebook (online)

143 N.Y.S. 1129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdermott-dairy-co-v-nimmcke-nyappdiv-1913.