Brearley School v. Ward
New York Supreme Court
Appeal by the plaintiff from an order of the City Court of the city of ¡New York, denying a motion for an order under section 1391 of the Code of Civil Procedure.
1Opinion of the CourtWhitney, J.
This is an application by a judgment creditor, under section 1391 of the Code of Civil Procedure, as amended in 1908, to reach the income of a fund bequeathed in 1877- to trustees to invest and to “pay over the net income or interest * * * in'quarterly payments” to the judgment debtor. I think that the amendment of 1908 had a retroactive effect, so far as the intent of the Legislature is concerned; that the 'cases relied upon as the basis of the decision to the contrary in Kelly v. Mulcahy, 131 App. Div. 639, followed by Laird v. Carton, 132 id. 176, were overruled, so- far as they construed…
2Cases cited6 opinions
- Laird v. . CartonNew York Court of Appeals · 1909
- Williams v. . ThornNew York Court of Appeals · 1877
- Leggett v. . PerkinsNew York Court of Appeals · 1849
- Metcalfe v. . Union Trust Co.New York Court of Appeals · 1905
- Kelly v. MulcahyAppellate Division of the Supreme Court of the State of New York · 1909
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