Koehler v. Campbell — 36 N.Y.S. 1110

Majority

p. 1110

KOEHLER et al. v. CAMPBELL.

(Supreme Court, Special Term, New York County.

May 21, 1894.)

Headnote

At chambers. Motion to punish defendant for contempt of court in interposing a false answer.

Granted.

In this case, I am of the opinion that the defendant and his attorney were guilty of deceit in interposing a false answer; that the service of such answer impeded, if it did not defeat, the rights of the plain

p. 1111

tiffs; and that such service was a contempt of court, and is punishable accordingly. A fine in the sum of $832.91, the amount of the^ judgment, and the costs of this proceeding, which are fixed at the sum of $50, is therefore imposed upon each of the parties. Martin Cantine Co. v. Warshauer, 7 Misc. Rep. 412 , 28 N. Y. Supp. 139 .

Settle order on one day’s notice, in circuit (part 1).

Cases cited

Martin Cantine Co. v. Warshauer 7 Misc. Rep. 412 N.Y. Sup. Ct. p. 1111