Goldreyer v. Shatz
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Supplementary proceedings by Charles A. Goldreyer, judgment creditor, against Abraham Shatz and another, judgment debtors. From an order adjudging defendant Vincent C. Corrier guilty of a contempt, he appeals. Affirmed.
1Opinion of the CourtBischoff, J.
The order for the delivery of property by the judgment debtor to the receiver was made upon the former’s default, after notice (Code Civ. Proc. § 2447), and the question of title in the judgment debtor to the property directed to be delivered was then determined. Relief from the default not having been asked, that order was conclusive, and any further inquiry into the circumstances, as an act of grace toward the judgment debtor, upon the motion to enforce the order by contempt proceedings, within the discretion of the court to withhold. Hence the order appealed from, directing the debtor’s…
2Cases cited3 opinions
- Phinney v. . BroschellNew York Court of Appeals · 1880
- In re Van NessAppellate Division of the Supreme Court of the State of New York · 1897
- Fiss v. HaagAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Goldreyer v. FoleyAppellate Division of the Supreme Court of the State of New York · 1913