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Lincoln Capital Corp. v. E. H. Roth, Inc.

In the Matter of Lincoln Capital Corporation, Judgment Creditor v. E. H. Roth, Inc., Edward H. Roth and Morris Herskowitz, Judgment Debtors, and Meyer Kananack, Third Party

Lincoln Capital Corp. v. E. H. Roth, Inc., 143 Misc. 683 (1932)
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Court
Appellate Terms of the Supreme Court of New York · State Appellate Courts
Decided
May 6, 1932
Judges
Curiare
Citations
143 Misc. 683256 N.Y.S. 9121932 N.Y. Misc. LEXIS 1048

Opinion of the Court — Curiare

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Per Curiare

It appears that previous to the making of the order for the violation of which the third party appellant has been adjudged in contempt, the judgment debtor, E. H. Roth, Inc., had assigned the debt to another firm, to which the third party *684 thereafter made payment. The assignment of the debt divested the debtor of all title to the fund and vested title in the assignee. Payment to the assignee, therefore, did not constitute a violation of the order restraining the third party from transferring property belonging to the debtor. (Matter of Duryea, 17 App. Div. 540 .)

Order reversed, with ten dollars costs and disbursements, and motion denied.

All concur; present, Levy, Callahan and Untermyer, JJ.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1975: 119752026peak 1975 · 1

Relies on it most ⓘ

  1. In re the Estate of Rothko84 Misc. 2d 830 (N.Y. Sur. Ct. 1975)

Most recent

  1. In re the Estate of Rothko84 Misc. 2d 830 (N.Y. Sur. Ct. 1975)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
In re Duryea, 17 A.D. 540 (1897) 4

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