Majority
p. 143Emily L. Wilder, Adm’rx, Pl’ff, v. Marvin R. Clark, Def’t. (City Court of New York, Special Term, Filed September 24, 1890.)
Headnote
Supplementary proceedings—Creditor cannot reach charitable fund.A fund raised by friends of a judgment-debtor for his relief and benefit
cannot be reached by the judgment-creditor.
The defendant, a journalist and member of the Mew York Press Club, became blind. Several influential members of the organization got up a concert and theatrical performance for his benefit. It netted several thousand dollars. After the entertainment was over the plaintiff, as a judgment-creditor of Clark and also assignee of his interest in the fund, undertook through supplementary proceedings to compel the custodian of the money to apply it to the judgments herein.
Wilder & Lynch, for motion; Jerome & Nason, opposed.
The fund never belonged to Mr. Clark. It was created by the energy of certain officials of the Press Club for his relief and benefit as a fellow -member. It is in the nature of a charity, and the creators of it have the right to impress upon its disposition any reasonable safeguard not inconsistent with its object. These officials have decided that thirty dollars per week is a reasonable allowance for the purpose of relieving Clark’s necessities. The amount so fixed seems fair under the circumstances. The fund so created cannot be assigned nor reached by judgment-creditors. It was not created as a subject of barter, nor as a fund for creditors. Motion to compel payment over of fund to judgment-creditors or assignee denied. Mo costs.