Diamond v. Schulte Bakers, Inc.

This is an action brought under subdivision 3 of section 684, of the Civil Practice Act to recover from the employer of a judgment debtor the amount of the judgment, because the defendant employer did not honor an execution against the wages of the judgment debtor.

After an examination in supplementary proceedings, the judgment creditor discovered that Simon Schulte, the judgment debtor, was the president of the defendant corporation and was working for it, without any remuneration for his services. The creditor thereafter moved for an order directing execution against the wages, earnings and…