From Casetext: Smarter Legal Research

Mendelsohn v. Rosenberg

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1936
248 App. Div. 743 (N.Y. App. Div. 1936)

Opinion

June, 1936.


Defendant, Joseph Rosenberg, appeals from an order finding him in contempt of court, fining him the sum of $3,050, with interest, making a total of $3,807, and directing that he may purge himself of contempt by paying to the receiver in the action the said amount within ten days, to be applied in favor of plaintiff and six other defendants named in the order. The judgment herein states that the sum of $8,917.28 was received by appellant from a life insurance company as proceeds of two life insurance policies on the life of Samuel Richardson, deceased, in trust for the use and benefit of plaintiff and all the defendants except appellant. The appellant was directed by said judgment to pay to the receiver in the action the sum of $3,050 (the amount of the claims of plaintiff and said defendants to said fund), with interest, together with costs. Appellant failed to make the payments. He has been punished for contempt for such failure. While the receiver in the action may not be an officer of the court as provided in section 505 of the Civil Practice Act, yet, since it appears that the moneys appellant had in hand were a trust fund "ear-marked as a specific or particular fund directed or required to be paid over" ( Nelson v. Hirsch, 264 N.Y. 316), the court had discretionary power, at least, to punish for contempt. The facts fully justified the exercise of the discretion. Order affirmed, with ten dollars costs and disbursements. Lazansky, P.J., Hagarty, Carswell, Davis and Johnston, JJ., concur.


Summaries of

Mendelsohn v. Rosenberg

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1936
248 App. Div. 743 (N.Y. App. Div. 1936)
Case details for

Mendelsohn v. Rosenberg

Case Details

Full title:ISAAC MENDELSOHN, Respondent, v. JOSEPH ROSENBERG, Appellant, and Others…

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

Date published: Jun 1, 1936

Citations

248 App. Div. 743 (N.Y. App. Div. 1936)

Citing Cases

Polo v. Stern

Cross-appeal by plaintiff from the same order. Order unanimously affirmed, without costs. Appeal by defendant…

Keesing v. Solomon

PER CURIAM. We do not find it necessary to decide whether a trustee in bankruptcy is "an officer of the…