National Broadway Bank v. Hotchkiss — 8 N.Y. St. Rep. 896

Majority

p. 896

NATIONAL BROADWAY BANK, App’lt, v. PHILO P. HOTCHKISS Resp’t.

Headnote

Appeal from order denying motion to punish defendant for contempt.

Kelly & Macrae, for app’lt; Hamilton Wallis, for resp’t.

It appeared before the court that if the creditor is entitled to payment of his judgment out of money on deposit with the bank, that a sufficient amount still remained to discharge this obligation.

It also appeared to be money in the nature of trust funds which the appellant established no authority for applying to the payment of the judgment.

The case was correctly disposed of by the order, and it should be affirmed, with ten dollars costs and disbursements.