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3 Misc. 560

Meyer v. Dreyspring

City of New York Municipal Court · decided 1893-05-15

<p>A judgment debtor, in violation of an order in supplementary proceedings, parted with sixty dollars. Held, that a fine of sixty dollars was enough.</p> <p>The order adjudging defendant guilty of contempt required defendant to obtain a reassignment of a transfer made prior to the recovery of the judgment upon which the supplementary proceedings were founded. Held, that as the transfer could only be attacked by a creditor’s biiil, that part of the order was unauthorized.</p>

Decided 1893-05-15

Ehrlich, Oh. J.

¶1The defendant having parted with sixty dollars in violation of the injunction order, was subject to a fine for this amount. But beyond this, the order made below was unauthorized.

¶2The defendant did not have a family depending on him for support, within the meaning of the statutory provision exempting earnings of a judgment debtor, and that ferture of the case requires no serious consideration.

¶3There was nothing in the case warranting a higher fine than the sixty dollars wrongfully parted with to the prejudice of the judgment creditor.

¶4The provision requiring the debtor to obtain a reassignment of the rights transferred to his son was unauthorized.

¶5The transfer had been made prior to the recovery of the judgment, and could be attacked by a creditor’s bill only.

¶6It follows that the order appealed from must be modified ' by reducing the fine to sixty dollars, and by eliminating the part in respect to the reassignment, and, as modified, the order must be affirmed, without costs. See opinion in Loedeke v, Coursen, ante, page 559.

¶7Newburger, J., concurs.

¶8Ordered accordingly.

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