Orgurchak v. Merrill

Order affirmed, with ten dollars costs.

McCook and Miller, J J., concur.

McLaughlin, J.

I dissent. I am in favor of reversing in this case. Section 684 of the Civil Practice Act provides for an execution against “ the wages, debts, earnings, salary.” The word ‘‘ earnings ” is much more comprehensive and broader than the mere term “ wages.” (Burns v. Maurer, 72 Misc. 481.) There does not appear to be any reason why the word “ earnings ” should not include the tips received by a waitress. She would not receive these tips except for the fact that she is employed in her employer’s restaurant. The…