Wynkoop v. Myers
City of New York Municipal Court
On proceedings for contempt. Action by Gerardus Wynkoop against Henry Myers. On July 9, 1885, an order was made in supplementary proceedings requiring the defendant (the judgment debtor) to appear before a referee, and submit to an examination concerning his property.
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On proceedings for contempt. Action by Gerardus Wynkoop against Henry Myers. On July 9, 1885, an order was made in supplementary proceedings requiring the defendant (the judgment debtor) to appear before a referee, and submit to an examination concerning his property. He attended, and upon the examination it appeared that his son had met his death on the Long Island Railroad, and that under the statute (Code, § 1902) the defendant, as the next of kin, had, in 1884, obtained letters of administration (with limited power) from the surrogate, and had, as such administrator, commenced an action…
1Opinion of the CourtMcAdam, C. J.
The defendant, at the time the order was served upon him, had a contingent interest in the action against the railroad company; and the injunction order, which was to continue “until further order in the premises,” was sufficiently broad to enjoin any transfer of sucli interest. The proceeding was concluded, but not in consequence abandoned, discontinued, or dismissed. Code, § 2454. The new proceeding attempted-to be commenced was therefore properly set aside by the special term judge. The transfer to Hirshfield effectually passed to him whatever interest, actual, contingent, or expectant,…
2Cases cited2 opinions
- People Ex Rel. Morris v. . RandallNew York Court of Appeals · 1878
- Gallagher v. O'NeilCity of New York Municipal Court · 1888
3Cited by1 opinion
- Ace Mail Advertising, Inc. v. NewgoldNew York Supreme Court · 1933