Appellate Division of the Supreme Court of New York, 1913

McDermott Dairy Co. v. Nimmcke

McDermott Dairy Co. v. Nimmcke
Appellate Division of the Supreme Court of New York · Decided October 23, 1913
143 N.Y.S. 1129 (New York Supplement)
McDermott Dairy Co. v. Nimmcke

Opinion of the Court

PER CURIAM.

The examination of the

judgment debtor disclosed that the money in the bank was that of his wife, and upon the motion made to punish him for contempt the wife came into court and showed that she was the owner of the fund, and this was undisputed. The judgment creditor's right to reach this money is at least so questionable that it should not be enforced by contempt proceedings. Order reversed, with $10 costs and disbursements, the amount, when taxed, to be credited upon the judgment.

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