Kelly v. Levy
City of New York Municipal Court
Appeal from special term. The defendant was examined as a judgment debtor in supplementary proceedings; and on the examination it appeared that his books of account showed that certain persons were indebted to him for professional services, as a physician, in sums aggregating $543.50. A list of the accounts is inserted in the testimony. A receiver was appointed, and made demand on the defendant for the original books of account.
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Appeal from special term. The defendant was examined as a judgment debtor in supplementary proceedings; and on the examination it appeared that his books of account showed that certain persons were indebted to him for professional services, as a physician, in sums aggregating $543.50. A list of the accounts is inserted in the testimony. A receiver was appointed, and made demand on the defendant for the original books of account. The defendant declined to give up his books, on the ground that they contained information received by him in the course of bis attendance upon his patients, showing…
1Per curiam
By the order appointing the receiver, the latter acquired title to the accounts. He has a list of the debtors, with the amounts they owe. Is he entitled to the books as well? This is the question to be decided. In the complicated affairs and relations oflife, the counsel and assistance of clergymen, physicians, surgeons, and those learned in the law, often become necessary; and, to obtain it, men and women are frequently forced to make disclosures which their welfare, and sometimes their lives, make it necessary to be kept secret. Hence, for the benefit and protection of the confessor,…
2Cases cited1 opinion
- Mott v. Consumers' Ice Co.New York Court of Common Pleas · 1877
3Cited by1 opinion
- Van Orman v. Van OrmanNew York Supreme Court · 1890