Buffalo Loan, Trust & Safe Deposit Co v. Medina Gas & Electric Light Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by John F. Moffett from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Orleans on the 13th day of September, 1901, adjudging him in contempt of court and fining him the sum of $6,000, to be paid to Cornelius Fitzgerald, and directing that, in default of such payment, he be committed by the sheriff of the county of Orleans to the county jail to be detained in close custody until the payment of said…
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Appeal by John F. Moffett from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Orleans on the 13th day of September, 1901, adjudging him in contempt of court and fining him the sum of $6,000, to be paid to Cornelius Fitzgerald, and directing that, in default of such payment, he be committed by the sheriff of the county of Orleans to the county jail to be detained in close custody until the payment of said fine. This action was brought by the plaintiff, as trustee, to foreclose a mortgage upon certain premises located in the…
1Opinion of the Court
Adams, P. J.:
That the appellant, when he declared under oath that he was a freeholder of the county of Jefferson and worth $10,000, over and •above all his debts and liabilities, committed a deliberate and willful falsehood, is too clearly established to admit of discussion; that such false swearing was committed for the express purpose of deceiving the court and inducing it to adopt a course of procedure which would not otherwise have been adopted, is equally plain; and it having been adjudged by the court at Special Term that this misconduct upon the part of the appellant was of such…
2Cases cited6 opinions
- Moffat v. . HermanNew York Court of Appeals · 1889
- Clark v. . BiningerNew York Court of Appeals · 1878
- In re Hay Foundry & Iron WorksAppellate Division of the Supreme Court of the State of New York · 1897
- Boon v. McGuckenNew York Supreme Court · 1893
- Hull v. L'EplatinierNew York Court of Common Pleas · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In re GoslinAppellate Division of the Supreme Court of the State of New York · 1904
- Samuels v. GanzNew York Supreme Court · 1940
- Slackman v. KaufmanNew York Supreme Court · 1916
- Dollard v. KoronskyAppellate Terms of the Supreme Court of New York · 1910
- Dollard v. KoronskyCity of New York Municipal Court · 1909