Brearley School, Ltd. v. Ward
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 10, 1910, reversing a determination of the Appellate Term which affirmed an order of the City Court of the city of Mew York denying a motion by the plaintiff for an order directing the issuance of an execution against ten per cent of the income of a trust fund held by the Equitable Trust Company of Mew York, which income was due, or thereafter to…
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 10, 1910, reversing a determination of the Appellate Term which affirmed an order of the City Court of the city of Mew York denying a motion by the plaintiff for an order directing the issuance of an execution against ten per cent of the income of a trust fund held by the Equitable Trust Company of Mew York, which income was due, or thereafter to become due, to the defendant. The following question was certified : “ Q. Can an execution under section 1391 of the…
1Opinion of the CourtWillard Bartlett, J.
In this action, which was brought in the City Court of Hew York, the plaintiff on September 27, 1909, recovered judgment against the. defendant for $727.63, upon which, an exemption was duly issued and returned unsatisfied. Thereupon the plaintiff on December 7, 1909,. moved in the City Court for leave to issue an execution against ten per cent of the income derived by the judgment debtor from a testamentary trust established in his favor by the will of one Montagnie Ward, which was admitted to probate on the 6th day of December, 1879.
This application was based upon an amendment to section…
2Cases cited26 opinions
- Edwards v. KearzeySupreme Court of the United States · 1878
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Ewell v. DaggsSupreme Court of the United States · 1883
- Satterlee v. MatthewsonSupreme Court of the United States · 1829
- Watson v. MercerSupreme Court of the United States · 1834
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3Cited by56 opinions
- Matter of Berkovitz v. . Arbib HoulbergNew York Court of Appeals · 1921
- Canfield v. Security-First National BankCalifornia Supreme Court · 1939
- Stott v. Stott Realty Co.Michigan Supreme Court · 1939
- Richard D. Leuschner v. First Western Bank and Trust Company, a California Banking Corporation, and United States of AmericaCourt of Appeals for the First Circuit · 1958
- Crossman Co. v. RauchNew York Court of Appeals · 1934
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