In re Driggs
District Court, S.D. New York
In Bankruptcy. This comes up on an order to show cause why a stay, should not be granted to prevent certain creditors of the bankrupt from collecting their claims out of the wages of the bankrupt in the state courts.
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In Bankruptcy. This comes up on an order to show cause why a stay, should not be granted to prevent certain creditors of the bankrupt from collecting their claims out of the wages of the bankrupt in the state courts. The petition and adjudication took place on May 25, 1909. On Slay 21st the creditor, Osterhoudt, who had obtained judgment against the bankrupt on that day, issued execution against his future wages, earnings, and'salary, under section 1391 of the Code of Civil Procedure of the state of New York. The other two claimants, Raymond and Carroll, have each an assignment of the…
1Opinion of the CourtHand, District Judge
(after stating the facts as above). In so far as there are any wages or salary due to the bankrupt at the date Of the filing' of the petition, these belong to the trustee, provided the bankrupt has made no claim for exemption; and it is quite clear that the judgment creditor must be enjoined from collecting any part of those wages. So far as the assignees are concerned, I have no jurisdiction Over them in this case, and the validity of their assignment must be determined by plenary suit. If the bankrupt has claimed an exemption of wages actually due, I see no reason for the trustee to claim a…
2Cases cited4 opinions
- Metcalf v. BarkerSupreme Court of the United States · 1902
- Pickens v. RoySupreme Court of the United States · 1902
- Hill v. HardingSupreme Court of the United States · 1889
- In re BealsDistrict Court, D. Indiana · 1902
3Cited by6 opinions
- In re SimsDistrict Court, S.D. New York · 1910
- In re Interocean Transp. Co. of AmericaDistrict Court, S.D. New York · 1916
- In re HarringtonDistrict Court, N.D. New York · 1912
- In re SeiffertDistrict Court, D. Montana · 1926
- McMains v. CunninghamSupreme Court of Iowa · 1930
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