Legal Opinion

Lincoln Capital Corp. v. E. H. Roth, Inc.

Appellate Terms of the Supreme Court of New York

Decided May 6, 1932PublishedCited by 1 opinion

1Opinion of the Court

Per Curiare

It appears that previous to the making of the order for the violation of which the third party appellant has been adjudged in contempt, the judgment debtor, E. H. Roth, Inc., had assigned the debt to another firm, to which the third party *684thereafter made payment. The assignment of the debt divested the debtor of all title to the fund and vested title in the assignee. Payment to the assignee, therefore, did not constitute a violation of the order restraining the third party from transferring property belonging to the debtor. (Matter of Duryea, 17 App. Div. 540.)

Order reversed, with…

2Cases cited1 opinion

  1. In re DuryeaAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by1 opinion

  1. In re the Estate of RothkoNew York Surrogate's Court · 1975

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