Watertown Paper Co. v. Place
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by the Watertown Paper Company and others against Josiah W. Place as assignee for the benefit of creditors of Walter & Place, impleaded with others. From an order punishing the assignee for contempt in failing and refusing to produce certain bank checks of his assignor for plaintiff’s inspection, he appeals.
1Opinion of the CourtRumsey, J.
To entitle the plaintiffs to this order, the proof must show beyond reasonable doubt that the assignee had willfully refused to do what the court directed. In re Elias, 40 App. Div. 632, 57 N. Y. Supp. 987. A careful examination of the testimony leads us to the conclusion that this burden was not borne by the plaintiffs, and that the facts did not warrant a finding that the assignee willfully refused to obey this order. It is quite true that the referee, who had the witnesses before him, and saw their demeanor on the stand, reported that the assignee did not satisfactorily account for the…
2Cases cited1 opinion
- In re WegmanAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by3 opinions
- Saal v. South Brooklyn Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
- People v. ShapolskyAppellate Division of the Supreme Court of the State of New York · 1959
- Watertown Paper Co. v. PlaceAppellate Division of the Supreme Court of the State of New York · 1902