Hyperlawhypertext legal database McDermott Dairy Co. v. Nimmcke 143 N.Y.S. 1129

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McDermott Dairy Co. v. Nimmcke

143 N.Y.S. 1129 Court N.Y. App. Div. Decision date 1913-10-23 English

Contents

Majority

p. 1129
McDERMOTT DAIRY CO. v. NIMMCKE.
(Supreme Court, Appellate Term First Department.
October 23, 1913.)

Headnote

Appeal from City Court of New York, Special Term. Action by the McDermott Dairy Company against Ernest R. Nimmcke. From an order of the City Court adjudging defendant, as a judgment debtor, guilty of contempt, he appeals. Order reversed. Grossfield Bros., of New York City, for appellant. Yankauer & Davidson (Jacob M. Cohen, of New York City, of counsel), for respondent.

The examination of the

judgment debtor disclosed that the money in the bank was that of his wife, and upon the motion made to punish him for contempt the wife came into court and showed that she was the owner of the fund, and this was undisputed. The judgment creditor's right to reach this money is at least so questionable that it should not be enforced by contempt proceedings. Order reversed, with $10 costs and disbursements, the amount, when taxed, to be credited upon the judgment.