Starke v. S. C. Beckwith Special Agency
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 5, 1917, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The action is brought under the provisions of section 1391 of the Code of Civil Procedure to recover a percentage of the salary of one Charles T. Logan, an employee of the defendant-respondent.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 5, 1917, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The action is brought under the provisions of section 1391 of the Code of Civil Procedure to recover a percentage of the salary of one Charles T. Logan, an employee of the defendant-respondent. The facts, so far as material, are stated in the opinion. The court erred in dismissing the complaint. (Wood v. Morehouse, 45 N. Y. 386; T. H. Dept. v. Weil,…
1Opinion of the CourtAndrews, J.
An execution directed against the wages or salary of a judgment debtor upon presentation to the employer becomes a hen to the amount specified upon the wages or salary of the employee as they become due. The employer must then pay the prescribed amount; and if he fails to do so he becomes hable to the judgment creditor. (Code of Civil Procedure, section 1391.) Mere knowledge on his part of the existence of an execution is not enough. To fix his habihty the execution must be presented. And “ presentation ” implies some formahty (Ulster County Savings Institution v. Young, 161 N. Y. 23, 33;…
2Cases cited4 opinions
- Kansas City, Fort Scott & Memphis Railroad v. DaughtrySupreme Court of the United States · 1891
- Ulster County Savings Institution v. YoungNew York Court of Appeals · 1899
- Willis v. MarksOregon Supreme Court · 1896
- Niles v. CrockerNew York Supreme Court · 1895
3Cited by4 opinions
- Erdheim v. MabeeNew York Court of Appeals · 1953
- National Equipment Rental, Ltd. v. United Lumber Co.California Court of Appeal · 1972
- First Commerce Ltd. v. Renanim Manhattan Inc.Appellate Terms of the Supreme Court of New York · 2018
- National Surety Corp. v. R. H. Macy & Co.New York Supreme Court · 1982