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Moran v. Darcy

31 N.Y.S. 1130 Court N.Y. City Ct. Decision date 1894-12-17 English

Delivered by FITZSIMONS, J.

Contents

Majority

p. 1130
MORAN, Appellant, v. DARCY, Respondent.
(City Court of New York, General Term.
December 17, 1894.)

Headnote

Action by Denis W. Moran against John Darcy.
James Kearney, for appellant.
Max Bayersdorfer, for respondent.

The order appealed from must be affirmed. The moneys in question must be deemed the personal earnings of the judgment debtor, although, in earning it, he was aided by others. He superintended the work, and performed all the labor that he could reasonably do, considering his state of health, so that his aid and services very materially contributed to the earning of the sum in dispute. The facts and circumstances of this can justify us in this case in determining that the said sum of money is the earnings of defendant for his personal service, and therefore is exempt from levy. Order affirmed, with costs.