Eigenmacht v. Herter
Appellate Terms of the Supreme Court of New York
■ Appeal by the judgment-debtor from an order, of the City Court of the city of Hew York adjudging him guilty of a contempt of court and directing that upon his failure to pay the sum of $448.15 he should be committed to the county jail.
1Opinion of the Court
Per Gwriam.
The justice at Special Term has adjudged that the judgment-debtor is guilty of a contempt of court and that his misconduct was calculated to and did defeat, im*406pair and prejudice the rights and remedies of the judgment-creditor to his actual loss and damage in the sum of $448.15 and then fined him this amount. There is no evidence to support the finding that the judgment-creditor has suffered any actual loss or damage and the order must be reversed on the authority of Ross v. La Cagnina, 68 Misc. Rep. 497.
We have not overlooked that in the case of Roos v. Treubig, 125 N. Y. Supp.…
2Cases cited2 opinions
- Ross v. La CagninaNew York Supreme Court · 1910
- Roos v. TreubigAppellate Terms of the Supreme Court of New York · 1910