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30 Misc. 420

Browning v. Chadwick

Appellate Terms of the Supreme Court of New York · decided 1900-02-15

Appeal by the defendant from an order of the General Term of the City Court, affirming an order of the Special Term, adjudging the defendant guilty of contempt.

Cited by 1 later decisions — most recently February 1931

1 state decisions

Relies on Peck v. . Ingersoll

Good law ✅— No negative treatment on recordhow we know

Decided 1900-02-15

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MacLean, J.

¶1The defendant is in contempt for disposing of property while under inhibition in supplementary proceedings. At the time of the service of the order for her examination, she was the owner of a lease of certain premises, relet by her to another; with a right to receive the rent therefor and to re-enter *421in case of default. Kent to her was paid, and, during the period' of her restraint, the under-tenant came to pay the rent for one of the months of the term, hut the defendant had left word that payment he made to the superior landlord, the owner of the fee, and this was done. For this the defendant was properly adjudged in contempt, and the record failing to show that such payment was made by the under-tenant to the superior landlord on her own behalf or for the protection of her possession, hut merely in obedience to the directions of the defendant and on her behalf, the rule stated in Peck v. Ingersoll, 7 N. Y. 528, and now invoked by the appellant, has no application. The order must he affirmed.

¶2Freedman, P. J., concurs; Leventritt, J., concurs in result.

¶3Order affirmed, with costs.

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