Stockwell v. National Bank
New York Supreme Court
Appeal from judgments dismissing the complaint in the above-entitled actions, entered upon the trial of the actions by the court without a jury.
1Dissent
Bockes, J.:
I am not free from doubt in these eases. There must be a time,. I think, after the pensioner has received his pension money and. put it to use, when the exemption declared by section 1393 of the Code of Civil Procedure will cease to operate for its protection. Pension money is protected until it comes to the hands of the pensioner under the United States statute (§4747). (Cranz v. White, 41 Am. Rep., 408, and cases cited in note on pages 411, 412, 413 ; also Friend in Equity v. Garcelon, 1 Eastern Reporter [77 Me.], 57.) These cases, or some of them, hold that the money will be…
2Cases cited3 opinions
- Wygant v. SmithNew York Supreme Court · 1869
- Whiting v. BarrettNew York Supreme Court · 1872
- Allen v. CookNew York Supreme Court · 1858