Charles D. Durkee & Co. v. Bonnell
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term._ In the matter of proceedings supplementary to execution by Charles D. Durlcee Sc Co., judgment creditors, against George P. P. Bonnell, judgment debtor. Prom an order of the City Court, adjudging the judgment debtor in contempt for failing to turn over property to Edward S. Thomas, as receiver, the judgment debtor and John V. Kennedy, a claimant of the property, appeal. Affirmed.
1Opinion of the CourtBijur, J.
The property consists of certain engines in a boat which had belonged to the judgment debtor. One John V. Kennedy “appeared” at the hearing on the motion to punish for contempt, his appearance being made by the same attorney as the judgment debtor’s. *791The only claim he seems to have made must have been in the argument of this attorney, for there is nothing in the papers to indicate what claim he has, nor whether it was documentary or otherwise. Under these circumstances, it cannot be said that there is a “substantial ■dispute” as to the right of possession, under section 2447 of the Code .■of…
2Cases cited1 opinion
- Hexter v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1899