Legal Opinion · Dissent

National Surety Corp. v. Silver

Appellate Division of the Supreme Court of the State of New York

Decided July 6, 1965Published

1DissentEager, J.

I would affirm. The judgment here amounts merely to a direction for a recovery of converted funds. As a money judgment in conversion, it is not enforcible by contempt proceedings.

The general power of the Supreme Court to punish as a contempt the disobedience to its judgments in actions, whether in law or in equity, is limited by statute. Even though a judgment expressly directs the payment by the defendant of a certain sum of money, the judgment creditor’s remedy to enforce the judgment is to proceed by execution and not by contempt proceedings. This.was the general rule under the Civil…

2Cases cited4 opinions

  1. Harris v. . ElliottNew York Court of Appeals · 1900
  2. Hennig v. AbrahamsAppellate Division of the Supreme Court of the State of New York · 1935
  3. Serviss v. TorinoAppellate Division of the Supreme Court of the State of New York · 1941
  4. Wasserman v. LupisAppellate Division of the Supreme Court of the State of New York · 1928

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API