Heppenstall v. Baudouine
New York Supreme Court
Action by judgment creditors of the defendant John F. Baudoine to have the surplus trust income of the judgment debtor applied toward the satisfaction of their demand. Demurrer to the complaint for insufficiency in substance.
1Opinion of the CourtBischoff, J.
The action is by certain judgment creditors of the defendant John F. Baudonine, to reach the income of a trust created for his benefit by another, after allowance to the -cestui que trust, of an amount reasonably sufficient for his maintenance; and, upon demurrer to the complaint for insufficiency in substance, it is contended for the defendants that, by the amendment in 1908 of section 1391 of the Code of Civil Procedure, which authorizes an execution against the trust income of a judgment debtor, to the extent of ten per cent, of the income, section 98 of the Beal Property Law, pursuant to…
2Cases cited3 opinions
- Brearley School, Ltd. v. WardNew York Court of Appeals · 1911
- People of the State of N.Y. v. . QuiggNew York Court of Appeals · 1874
- City of Buffalo v. . LewisNew York Court of Appeals · 1908
3Cited by1 opinion
- Heppenstall v. BaudouineAppellate Division of the Supreme Court of the State of New York · 1911