Hyperlawhypertext legal database In re the Examination of Edlunds 42 N.Y. Sup. Ct. 367

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In re the Examination of Edlunds

42 N.Y. Sup. Ct. 367 Court N.Y. Gen. Term English

Judges Barnard, P. J., and Pratt, J., •concurred.

Delivered by Dykman, J.;

Contents

Majority

p. 367
In the Matter of the Examination of CLAUDIUS EDLUNDS, a Judgment Debtor, in Proceedings Supplementary to Execution.

Headnote

Judgment debtor — when a watch is exempt from seizure, as being a tool amd implement necessa/ry for the debtor’s occupation.
Appeal from an order, made at chambers, denying a motion for the appointment of a receiver in proceedings supplementary to execution.
The court at General Term said: “The examination of the defendant disclosed no property, except a cheap watch and chain and a trunk and some clothing. The judgment debtor is a clothing cutter and an unmarried man, but certainly he is entitled to all tools and implements necessary for his occupation, of which a-watch may well be one. There was nothing to receive and no ocear
p. 368
sion for a receiver. The order should be affirmed, with, costs and ■disbursements.”
JEckoard 8. Hatch, for judgment creditors, appellants.
McGuire & Kuhn, for judgment debtor, respondent.

Opinion by

Barnard, P. J., and Pratt, J., •concurred.

Order denying motion for a receiver affirmed, with costs and disbursements.