Legal Opinion

Schieffelin v. Hylan

Appellate Division of the Supreme Court of the State of New York

Decided April 9, 1920PublishedCited by 2 opinions

Appeal by the defendant, Charles L. Craig, comptroller of the city of New York, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 6th day of December, 1919, holding and adjudging the appellant guilty of a contempt of court, in having disobeyed the order theretofore made by a justice of the court, dated February 13, 1919, restraining him, as comptroller of the city of New York, “ from…

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Appeal by the defendant, Charles L. Craig, comptroller of the city of New York, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 6th day of December, 1919, holding and adjudging the appellant guilty of a contempt of court, in having disobeyed the order theretofore made by a justice of the court, dated February 13, 1919, restraining him, as comptroller of the city of New York, “ from issuing corporate stock or corporate stock notes of said city in any amount upon the requisitions of the Public Service…

1Opinion of the Court

Putnam, J.:

Appellant’s first ground in justification or excuse is that this transaction had already been legally effected, so as to need but formal, and unimportant documents for its completion.

Even if instruments are given merely to carry out a previous obligation, the issue of them, if prohibited, is a violation of such an injunction.

It is further urged that the consummation of the issue and sale of $1,000,000 of city corporate stock was without appellant’s knowledge, since by reason of Mr. Craig’s personal preoccupation in the arguments on the hearing at Special Term on the fifteenth, he…

2Cases cited3 opinions

  1. The People v. . SturtevantNew York Court of Appeals · 1853
  2. People ex rel. Springs v. ReidAppellate Division of the Supreme Court of the State of New York · 1910
  3. Poertner v. RusselWisconsin Supreme Court · 1873

3Cited by2 opinions

  1. In re the Estate of RothkoNew York Surrogate's Court · 1975
  2. Ross v. Thousand Island Park Ass'nAppellate Division of the Supreme Court of the State of New York · 1922

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