14 N.Y.S. 283 | New York Court of Common Pleas | 1891
From an examination of the affidavits submitted it appears that the judgment debtor is a photographer, doing nearly all his own work; that he had collected certain moneys after the service of the injunction order upon him, but which were earned within 60 days next before the service of such order; that he is a married man, having a family to support; that the moneys so collected were used for the absolute needs of his family; and the question is whether money earned by a photographer doing his own work, and having little or no assistance in the business, comes within an exemption contained in section 2463 of the Code, which provides that the earnings of a judgment debtor for his personal services rendered within 60 days next before the institution of the proceedings shall not be seized for debt, where it is made to appear by his oath that those earnings are necessary for the use of a family wholly or partly supported by his labor. My first impression was that this exemption applied exclusively to earnings derived from personal services rendered-to others in a subordinate or inferior capacity, as the wages of a laborer, the salary of a clerk, etc., and was not intended to cover the earnings of one who carried on an independent business on his own account, where, from the necessity of the case, there must be some hazard of loss as well as opportunity of greater gain, and where some money and credit are required; but I find on further examination that the courts have construed the term “personal service” to include earnings derived from a business, where the services are the chief factor in it. Thus one who sells goods