Modern Industrial Bank v. Kennedy

City of New York Municipal Court

Modern Industrial Bank v. Kennedy

179 Misc. 646, 38 N.Y.S.2d 814, 1942 N.Y. Misc. LEXIS 2251

DecidedNovember 5, 1942

StatusPublished

This text of 179 Misc. 646 (Modern Industrial Bank v. Kennedy) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Modern Industrial Bank v. Kennedy, 179 Misc. 646, 38 N.Y.S.2d 814, 1942 N.Y. Misc. LEXIS 2251 (N.Y. Super. Ct. 1942).

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Opinion

Schimmel, J.

The fund attached consists of earnings of the judgment debtor, and as such it is absolutely exempt. It seems to me that it does not make the slightest difference that some of the earnings may have been a so-called “ bonus.” By whatever name it is called, the payment to be made to the judgment debtor by the steamship line by which he is employed is compensation for the services he rendered on his voyage to Russia and back. The fact that the compensation which the judgment debtor is receiving is especially high because of the dangerous nature of the voyage does not deprive it of the exemption which [647]*647it enjoys under section 601 of title 46 of the United States Code. It is argued for the judgment creditor that even if the fund be exempt it may be attached in supplementary proceedings; this contention is without validity. (See D., L. & W. Coal Co. v. Kenlon, 164 Misc. 32.)

The motion is granted. The third-party subpoena directed to and served on Sword Line, Inc., third party, on October 17, 1942, is vacated.

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Schimmel, J.

The fund attached consists of earnings of the judgment debtor, and as such it is absolutely exempt. It seems to me that it does not make the slightest difference that some of the earnings may have been a so-called “ bonus.” By whatever name it is called, the payment to be made to the judgment debtor by the steamship line by which he is employed is compensation for the services he rendered on his voyage to Russia and back. The fact that the compensation which the judgment debtor is receiving is especially high because of the dangerous nature of the voyage does not deprive it of the exemption which [647]*647it enjoys under section 601 of title 46 of the United States Code. It is argued for the judgment creditor that even if the fund be exempt it may be attached in supplementary proceedings; this contention is without validity. (See D., L. & W. Coal Co. v. Kenlon, 164 Misc. 32.)

The motion is granted. The third-party subpoena directed to and served on Sword Line, Inc., third party, on October 17, 1942, is vacated.

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Bluebook (online)

179 Misc. 646, 38 N.Y.S.2d 814, 1942 N.Y. Misc. LEXIS 2251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/modern-industrial-bank-v-kennedy-nynyccityct-1942.

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