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…
1DissentWilliams, J.
(dissenting) :. It seems to me that error was committed by the court below in proceeding summarily to adjudge the appellant guilty of contempt, and in not ordering a reference as to the facts, but inasmuch as my brethren are all against me upon this question, and the Court of Appeals would not. review us as to this part of the order, it would be useless for me to. write anything upon this branch of the case. . As to the amount of the fine imposed, however, I am of the opinion that there was no basis in the evidence for fixing any such amount, and inasmuch as this court may be reviewed upon…
2Cases cited8 opinions
- Moffat v. . HermanNew York Court of Appeals · 1889
- Socialistic Co-Operative Publishing Ass'n v. KuhnNew York Court of Appeals · 1900
- Clark v. . BiningerNew York Court of Appeals · 1878
- Burnham v. DenikeAppellate Division of the Supreme Court of the State of New York · 1900
- In re Hay Foundry & Iron WorksAppellate Division of the Supreme Court of the State of New York · 1897
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