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Matter of Standard Oil Co. of New York v. Barber

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1933
240 App. Div. 976 (N.Y. App. Div. 1933)

Opinion

December, 1933.


Order granting reargument of motion to punish appellants for contempt, and holding them, upon such reargument, in contempt, reversed on the law and the facts, with ten dollars costs and disbursements, and motion denied. The record does not establish a violation of the order of April 13, 1933, in the disposition of the proceeds of the check received on May 6, 1933. Nothing indicates that that money could have been received at all by the appellants until after the close of the month of April, and it was, therefore, after-acquired property not under the restraint of the order of April thirteenth. ( Mandelbaum v. Danziger, 240 App. Div. 860; McGivney v. Childs, 41 Hun, 607; Potter v. Low, 16 How. Pr. 549; Rainsford v. Temple, 3 Misc. 294; Protter v. Lovell, 91 id. 417.) Lazansky, P.J., Young, Kapper, Carswell and Tompkins, JJ., concur.


Summaries of

Matter of Standard Oil Co. of New York v. Barber

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1933
240 App. Div. 976 (N.Y. App. Div. 1933)
Case details for

Matter of Standard Oil Co. of New York v. Barber

Case Details

Full title:In the Matter of Supplementary Proceedings: STANDARD OIL COMPANY OF NEW…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 1, 1933

Citations

240 App. Div. 976 (N.Y. App. Div. 1933)