LeGros v. Chain Shirt Shops, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Chain Shirt Shops, Inc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 10th day of January, 1919, denying its motion to punish the plaintiff for contempt of court.
1Opinion of the Court
Smith, J.:
The plaintiff brought an action against the defendant in the Municipal Court and recovered judgment. Execution •was issued and the defendant paid upwards of $1,000 upon said judgment. Thereafter, upon appeal the judgment was reversed and the complaint was dismissed. The defendant *369then made a motion as against the plaintiff for restitution of moneys received by the plaintiff. The order was granted. Upon the failure to pay those moneys the defendant moved to punish the plaintiff for contempt. This has been denied by the Special Term upon the authority of O’Gara v. Kearney (77 N. Y.…
2Cases cited5 opinions
- Forstman v. . SchultingNew York Court of Appeals · 1888
- Harris v. . ElliottNew York Court of Appeals · 1900
- O'Gara v. . KearneyNew York Court of Appeals · 1879
- Devlin v. HinmanAppellate Division of the Supreme Court of the State of New York · 1899
- Newell v. HallAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by3 opinions
- Wides v. WidesAppellate Division of the Supreme Court of the State of New York · 1983
- Walters v. ReinhoudtNew York Supreme Court · 1927
- In re the Estate of KramskyNew York Surrogate's Court · 1939