Bunnell v. Gardner
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Richard H. Gardner, from a judgment of the Supreme Court in favor of the plaintiff; entered in the office of the clerk of the county of Rensselaer on the 28th day of September, 1895, upon the decision of the court rendered after a trial, at which certain questions had been submitted to the jury, before the court and a jury, at the Rensselaer Circuit.
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Appeal by the defendant, Richard H. Gardner, from a judgment of the Supreme Court in favor of the plaintiff; entered in the office of the clerk of the county of Rensselaer on the 28th day of September, 1895, upon the decision of the court rendered after a trial, at which certain questions had been submitted to the jury, before the court and a jury, at the Rensselaer Circuit. This action was brought by a judgment creditor of the defendant, Richard H. Gardner, to reach the surplus income of a trust fund after providing for the support of the judgment debtor. The fund was created by the will of…
1Opinion of the Court
Per Curiam :
It is not clear that the evidence sustains the finding that only $300 a year out of the income of the trust fund is necessary "for the support of the debtor and those dependent upon him.
The decree refers only to future income, and, therefore, the point is, what sum should be fixed as the situation appeared at the time of the trial in Hay, 1895.
If the earnings of the debtor may be considered (see Moulton v. de ma Carty, 6 Robt. 533), it does not appear what they were at the time of the trial. In December, 1890, he was in the employ of Gardner & Tail of New York city, at fifteen…
2Cases cited3 opinions
- Williams v. . ThornNew York Court of Appeals · 1877
- Tolles v. WoodNew York Court of Appeals · 1885
- Genet v. BeekmanNew York Supreme Court · 1865
3Cited by2 opinions
- Demuth v. KempAppellate Division of the Supreme Court of the State of New York · 1913
- In re CondonDistrict Court, S.D. New York · 1912