177 A.D. 97 | N.Y. App. Div. | 1917
The order recites the issuance of an order requiring the appellant to show cause “why he should not be punished as and for a contempt of court for having wilfully and intentionally withheld testimony in this proceeding and for his evasive conduct in testifying herein.” It then proceeds, “ and it appearing to the satisfaction of this court that the said judgment debtor Peter Econopouly has committed the contempt of court hereinbefore mentioned;” it adjudges and decrees “that the said judgment debtor Peter Econopouly is guilty as and for a contempt of court for having wilfully, deliberately and contemptuously withheld material testimony in the examination herein, for having evasively and wrongfully conducted himself in the giving of such testimony and for giving testimony which was misleading.” Upon his examination the appellant testified: “I don’t know who the president of the company is. None of my brothers are stockholders, officers or employees of the company. I am paid my wages by George Bulibash, the bookkeeper. * * * I don’t know any other bosses of the company. No member of my family is in any way interested in the company.” A day later a brother of the appellant was sworn and testified that he was employed by the company as a cashier, and had been .in their employ since July 4, 1916, and that he was employed by his brother, the
The order of the County Court of Kings county should be reversed, with ten dollars costs and disbursements to the appellant.
Jenks, P. J., Thomas and Mills, JJ., concurred; Putnam, J., concurred in the result.
Order of the County Court of Kings county reversed, with ten dollars costs and disbursements to the appellant.