Legal Opinion
Franklin Simon & Co. v. Pease & Elliman, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided June 20, 1933PublishedCited by 4 opinions
1Opinion of the CourtTownley, J.
This is an action on a garnishee execution in favor of plaintiff levied on defendant against the earnings and *615drawing account of one Erath. The levy was made on June 29, 1931. Defendant denied that it was indebted to the judgment debtor in any amount.
Erath was in defendant’s employ under a written contract which provided for a drawing account. At the time of the levy, Erath was many thousands of dollars overdrawn. After the levy and prior to the date when Erath left defendant’s employ, defendant made further advances of some $1,860. In that period Erath earned as commissions only $13.90. On…
2Cases cited2 opinions
- Laird v. . CartonNew York Court of Appeals · 1909
- Davidow v. John Hancock Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1930
3Cited by4 opinions
- Kaganowitz v. Manufacturers Trust Co.Court of Appeals for the Second Circuit · 1944
- National City Bank of New York v. Bon Ray Dance Frocks, Inc.City of New York Municipal Court · 1934
- President & Directors of the Manhattan Co. v. Washington Haberdasheries, Inc.City of New York Municipal Court · 1937
- Larry Goldwater, Inc. v. C. B. Snyder National Realty Co.Civil Court of the City of New York · 1965