157 Misc. 649 | N.Y. Sup. Ct. | 1935
The court was dealing with an unusual situation when it made its order appointing a receiver for one-half of the income, profits, etc., of the defendant. Unfortunately, the defendant is blind and is the recipient of twenty-four dollars per week under a workmen’s compensation award. But the wife of the defendant is destitute and in need of financial assistance. The defendant seeks everything for himself and to ignore his duty to his wife, even though that duty has already been adjudicated at the time when alimony was fixed. When the defendant failed to comply with the court’s order, the court, reluctant to punish the defendant as for a contempt, and realizing that to appoint a receiver for the defendant’s property in toto would work a severe hardship, took a course midway between the extremes and appointed a receiver of one-half of the defendant’s income, profits, etc., from which the plaintiff was to receive the assistance she required. Now the
To hold otherwise would mean that the taxpayers would eventually be obliged to support the wife as a public charge while the defendant receives twenty-four dollars per week for his sole and exclusive use, no part of which his wife can touch. Motion is, therefore, denied.