Moran v. Darcy

City of New York Municipal Court

Moran v. Darcy

10 Misc. 789, 31 N.Y.S. 1130, 64 N.Y. St. Rep. 877

DecidedDecember 15, 1894

StatusPublished

This text of 10 Misc. 789 (Moran v. Darcy) 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

Moran v. Darcy, 10 Misc. 789, 31 N.Y.S. 1130, 64 N.Y. St. Rep. 877 (N.Y. Super. Ct. 1894).

Pincite

Opinion

Fitzsimons, J.

The order appealed from must be affirmed. The moneys in question must be deemed the personal earnings of the judgment debtor, although in earning it he was aided by others.

He superintended the work, and performed all the labor that he could reasonably do, considering his state of health, so that his aid and services very materially contributed to the earning of the sum in dispute.

The facts and circumstances of this case justify us in determining that the said sum of money is the earnings of defendant for his personal service, and, therefore, is exempt from levy.

Order affirmed, with costs.

Van Wyck and Conlan, JJ., concur.

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