Legal Opinion

Grimm Building Material Co. v. Wilcox

Albany City Court

Decided December 13, 1949PublishedCited by 2 opinions

1Opinion of the CourtHerzog, J.

The question at issue is this: Can a judgment creditor restrain the payment by a third party to a judgment debtor of funds which would become due upon completion of a contract between the judgment debtor and the third party? No funds are due now, but a balance would become due upon completion of the work under the contract. However, the third party’s testimony upon the examination is that the debtor has breached the contract by walking off the job and that nothing will ever become due under it.

The facts appear to be as follows: The judgment debtor Wilcox had entered into a contract with…

2Cases cited5 opinions

  1. Herrmann & Grace v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909
  2. Herrmann Grace v. . the City of New YorkNew York Court of Appeals · 1910
  3. Kenney v. South Shore Natural Gas & Fuel Co.New York Court of Appeals · 1911
  4. Dannenberg v. L. Leopold & Co.City of New York Municipal Court · 1946
  5. Kaufung v. Doric Shop, Inc.City of New York Municipal Court · 1939

3Cited by2 opinions

  1. Douglas v. FassoulisNew York Supreme Court · 1959
  2. Tuttman v. ShermetNew York Supreme Court · 1962

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