Thompson v. Nixon
New York Court of Chancery
Judgment creditor’s bill. The master, on a receiver’s reference, decided that the defendant should hand over a gold watch and that a certain sum of seventy-one dollars and twenty-one cents was his property. The defendant refused to deliver or pay over the seventy-one dollars and twenty-one cents.
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Judgment creditor’s bill. The master, on a receiver’s reference, decided that the defendant should hand over a gold watch and that a certain sum of seventy-one dollars and twenty-one cents was his property. The defendant refused to deliver or pay over the seventy-one dollars and twenty-one cents. It appeared that the defendant was a measurer in the custom house; and the rate of his compensation was ninety cents for every one hundred bushels of coal he measured, seventy-five cents for every one hundred bushels of salt and forty-five cents for every one hundred bushels of certain other…
1Opinion of the Court
The Vice-Chancellor decided :
that as the money was earned at the time the bill was filed, it belonged to the defendant then, although it might not be the rule of the custom house to pay it until afterwards; and, consequently, that it was liable to be applied towards paying the judgment of the complainant. The court considered it different to the ordinary case of the salary of a custom-house officer, which really is *458not due, as well as not payable, until the quarter day has come, (a)) This decision corresponds with the views of his honor, the Chancellor, in the case of Browning v. Be.ttis,…
2Cited by1 opinion
- Singer & Talcott Stone Co. v. WheelerAppellate Court of Illinois · 1880