Legal Opinion

Bernheimer v. Kelleher

City of New York Municipal Court

Decided December 27, 1899Published

Appeal from special term. Action by Simon E. Bernheimer and another against Daniel Kelleher. From- a judgment finding defendant guilty of contempt, he appeals. Affirmed.

1Per curiam

The false swearing of defendant justified the court in finding him guilty of contempt of court. Lawrence v. Harrington, 63 Hun, 195, 17 N. Y. Supp. 649; Bohn v. Hatch, 133 N. Y. 69, 30 N. E. 659; In re Hopper, 9 Misc. Rep. 171, 29 N. Y. Supp. 715. The fine, $938.26, and $30 costs, being the amount of the judgment and usual supplementary costs, was not excessive, because it appears that the value of chattels transferred by him exceeded that sum by several hundred dollars. It does not appear that said chattels were mortgaged, although it is intimated in some of the affidavits submitted that…

2Cases cited3 opinions

  1. Lawrence v. HarringtonNew York Supreme Court · 1892
  2. In re HopperNew York Court of Common Pleas · 1894
  3. Bohn v. . HatchNew York Court of Appeals · 1892

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