Wood v. Schwartz

City of New York Municipal Court

Wood v. Schwartz

148 Misc. 528, 266 N.Y.S. 115, 1931 N.Y. Misc. LEXIS 1825

CourtCity of New York Municipal Court

DecidedMay 21, 1931

StatusPublished

Cited by1 cases

This text of 148 Misc. 528 (Wood v. Schwartz) 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

Wood v. Schwartz, 148 Misc. 528, 266 N.Y.S. 115, 1931 N.Y. Misc. LEXIS 1825 (N.Y. Super. Ct. 1931).

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Opinion

Ryan, J.

The order for the examination of said judgment debtor containing the provision forbidding him to transfer or make any other disposition of his property until further order in the premises was served upon him on March 5, 1931. His examination discloses that on said day there was due said judgment debtor from a corporation the sum of $990 for rent, and that said sum was paid over to him by check on or about March 31, 1931, and that he subsequently disbursed it. The claim in favor of the judgment debtor existed at the time of the service of the order, and was in fact then due and owing; that it was not reduced to cash or paid over until after the service of the order has no merit in this proceeding. The collection of the amount of the claim and disbursing the money constituted a violation of the order. The judgment debtor has had the opportunity to explain the transaction but has failed to excuse his contemptuous conduct, for which he is fined $990, payable in five equal monthly payments beginning June 15, 1931, otherwise commitment to issue. Same to be applied on the judgment. Submit order.

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Ryan, J.

The order for the examination of said judgment debtor containing the provision forbidding him to transfer or make any other disposition of his property until further order in the premises was served upon him on March 5, 1931. His examination discloses that on said day there was due said judgment debtor from a corporation the sum of $990 for rent, and that said sum was paid over to him by check on or about March 31, 1931, and that he subsequently disbursed it. The claim in favor of the judgment debtor existed at the time of the service of the order, and was in fact then due and owing; that it was not reduced to cash or paid over until after the service of the order has no merit in this proceeding. The collection of the amount of the claim and disbursing the money constituted a violation of the order. The judgment debtor has had the opportunity to explain the transaction but has failed to excuse his contemptuous conduct, for which he is fined $990, payable in five equal monthly payments beginning June 15, 1931, otherwise commitment to issue. Same to be applied on the judgment. Submit order.

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Bluebook (online)

148 Misc. 528, 266 N.Y.S. 115, 1931 N.Y. Misc. LEXIS 1825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wood-v-schwartz-nynyccityct-1931.

Opinion

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