In re Condon
District Court, S.D. New York
In the matter of Martin J. Condon, alleged bankrupt. Hearing, on petition. Petition sustained, and adjudication ordered.
1Opinion of the Court
HAND, District Judge.
I think it quite clear that the earnings of the respondent were exempt to the extent necessary for the use of his family, wholly or partly supported by his labor. Code Civ. Proc. N. Y. §§ 1879, 2463. It must be remembered that these earnings were at the time, in a bank account, and therefore were not, under the New York law, subject to execution. Carroll v. Cone, 40 Barb. (N. Y.) 220, said in Baker v. Kenworthy, 41 N. Y. 216, to have been affirmed by the Court of Appeals; Meagher v. Campbell, 12 Misc. Rep. 426, 33 N. Y. Supp. 700; Duffy v. Dawson, 2 Misc. Rep. 401, 21 N.…
2Cases cited26 opinions
- Coder v. ArtsSupreme Court of the United States · 1909
- Coleman v. . BurrNew York Court of Appeals · 1883
- Smith v. . ReidNew York Court of Appeals · 1892
- Schenck v. . BarnesNew York Court of Appeals · 1898
- Knapp v. Milwaukee Trust Co.Supreme Court of the United States · 1910
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3Cited by8 opinions
- In re PerlmutterDistrict Court, D. New Jersey · 1919
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- Weisfelner ex rel. LB Litigation Trust v. Hofmann (In re Lyondell Chemical Co.)District Court, S.D. New York · 2016
- In re the Accounting of JacksonNew York Surrogate's Court · 1957
- In re George Lampros, Inc.District Court, D. Massachusetts · 1927
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