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In re Dixon

65 N.Y. St. Rep. 873 Court N.Y. Sup. Ct. Decision date 1895-03-15 English

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Majority

p. 873
Matter of Dixon.
Sup. Ct., 1 D.,
March 15, 1895.
John Delahunty, for app’lts; Alfred C. Patti, for resp’t.

Those only could be adjudged guilty of contempt who interfered with the possession of the receiver; and upon the affidavits submitted we think that no case was made out as against Stratton and Brooks. The-money which, in the alternative, was to be paid unless the goods were returned, if paid, should be held by the receiver until the title of the receiver to the property can be determined in an appropriate proceeding; and if it can then be shown that some or all of this property belonged to Bradv, and that under the chattel mortgage it was legally sold to Snider, then Brady would be entitled to receive the amount which by the order is directed to be paid. The order is accordingly reversed as to Stratton and Brooks, and, subject to the suggestion about the manner in which the money should be held, affirmed as to Brady and Meyer, without costs.