Brearley School, Ltd. v. Ward
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by the Brearley School, Limited, against Beverley Ward. From an order of the City Court of the City of New' York, denying a motion for an order under Code Civ. Proc. § 1391, plaintiff appeals.
1Opinion of the CourtWhitney, J.
This is an application by a judgment creditor, under section 1391 of the Code of Civil Procedure as amended in 1908, to reach the income of a fund bequeathed in 1877 to trustees to invest and to “pay over the net income or interest * * * in quarterly payments” to the judgment debtor. I think that the amendment of 1908 had a retroactive effect so far as the intent of the Legislature is concerned, and that the cases relied upon as the basis of the decision to the contrary in Kelly v. Mulcahy, 131 App. Div. 639, 116 N. Y. Supp. 61, followed by Laird v. Carton, 132 App. Div. 176, 116 N. Y. Supp.…
2Cases cited10 opinions
- Laird v. . CartonNew York Court of Appeals · 1909
- Williams v. . ThornNew York Court of Appeals · 1877
- Leggett v. . PerkinsNew York Court of Appeals · 1849
- Metcalfe v. . Union Trust Co.New York Court of Appeals · 1905
- Tolles v. . WoodNew York Court of Appeals · 1885
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