RUSS v. BOURN


205 Misc. 88 (1954)

E. D. Russ, Respondent, v. Victor Bourn, Appellant.

County Court, Chenango County.

January 11, 1954.


Attorney(s) appearing for the Case

Howard Carver Fell for appellant.

C. Vernon Stratton for respondent.


BARNES, J.

This appeal raises just one question arising out of the following facts: The defendant was employed by the plaintiff; a garnishee execution was served upon the plaintiff requiring him to take out a percentage of the wages from the defendant's pay. This he did not do. Thereafter the defendant severed his employment; the plaintiff was compelled to pay the amount which he should have deducted and the question is raised: Can he sue the defendant...

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