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Ludeke v. Coursen

52 N.Y. St. Rep. 516 Court N.Y. City Ct. Decision date 1893-05-09 English

Delivered by Ehrlich, Ch. J.

Contents

Majority

p. 516
Charles H. Ludeke et al., Resp'ts, v. Frank Coursen, App'lt.
(City Court of New York, General Term,
Filed May 9, 1893.)

Headnote

Contempt—Supplementary proceedings—Amount of fine.
Where no actual loss or injury is produced by the disobedience of an order in supplementary proceedings, the fine imposed cannot exceed $250 and costs; if actual loss or injury is produced, the amount thereof must be based upon legal proof of the damage actually sustained.
Appeal from order made in supplementary proceedings adjudging the defendant in contempt, and fining him $326.58 and thirty dollars costs.
Hayman & Rosenthal, for app’lt; Robert Godson, for resp’ts.

Where no actual loss or injury is produced by the disobedience to an order in supplementary proceedings, the fine imposed cannot exceed $250 and costs. Code, § 2284.

If actual loss or injury is produced, the amount thereof must be based upon legal proof of the damage actually sustained. Moffat v. Herman, 116 N. Y., 135 ; 26 St. Rep., 328 ; Sudlow v. Knox, 7 Abb., N. S., 411; DeJonge v. Brenneman, 23 Hun, 332 ; Clark v. Bininger, 75 N. Y., 344 ; King v. Flynn, 37 Hun, 329 ; Gallagher v. O'Neil, 21 St. Rep., 163 .

27o such assessment of damages appear by the appeal book, and the order appealed from must, therefore, be modified by reducing the fine to the statutory limit, $250 and thirty dollars costs, and, as modified, the order appealed from will be affirmed, without costs. See DeJonge v. Brenneman, supra; Erie R. Co. v. Ramsey 45 N. Y., 637 .

JSTewbübger, J., concurs.