¶1The fund never belonged to Mr. Clark. It was created by the energy of certain officials of the Press Club for his relief and benefit as a fellow-member. It is in the nature of a charity, and the creators of it have the right to impress upon its disposition any reasonable safeguard not inconsistent with its object. These officials have decided that $30 per week is a reasonable allowance for the purpose of relieving Clark’s necessities. The amount so fixed seems fair under the circumstances. The fund so created cannot be assigned nor reached by judgment creditors. It was not created as a subject of barter, nor as a fund for creditors. Motion to compel payment over of fund to judgment creditors or assignee denied. Ho costs.
11 N.Y.S. 683
Wilder v. Clark
City of New York Municipal Court
Decided September 24, 1890
City of New York Municipal Court · decided 1890-09-24
Action by Emily L. Wilder against Marvin E. Clark. Plaintiff, as a judgment creditor of defendant, and as assignee of a certain fund raised for the relief of defendant by his friends, seeks to subject the fund to her judgment. The fund in question was the proceeds of a concert given by certain members of the Hew York Press Club, of which defendant, who had become blind, was a member.
Decided 1890-09-24