The sun., 1909-05-23
NOT 50 EASY TODODGEA FINE
MAN IN CONTEMPT FILES Pc
TxTxON IN BANKRUPTCY,
But Its No Go-Federai Courts VIII Not
Thus Relieve sian Fined for Contempt
In the State Court-Uncomplimen
ary Remarks About the Defendant.

Thus Relieve nan Fined for Contempt
In the State Court-Unoomplimen
ary Remarks About the Defendant.
Benjamin Koronsky was head OF the
coal concern OF B. Koronsky 4 Son al
the foot Of Corlears street, Manhattan
The firm owed Albert H. Dollard, a coal
merchant OF 2i5 Montague street. Brook
lyn, $o74.40 for coal and 500 on a note
Dollard brought suit in the City Court
for N,17%.20. The summons. 1t was al
legged, was served on Koronsky on June 10
last at 6l2 East Ninth street by Simon
Mermelstein. The case was called before
City Court Judge Green on June is. and
when koronsky failed to appear judg-
nent for $1,210.03. which included the
costs, was entered in favor of Dollard by
default. It was turned over to the Sheriff
for execution the same day, but he found
nothing TO levy on.
The next day Koronsky. through his
counsel, Horace London. went before
Chief Judge O'Dwyer of the City Court
and submitted four sffidavits asserting
that he had never been served. but that
the summons had been served on one
Louis kupfer. who resembled koronsky.
An order was then issued requiring Dol
lard to show cause why the default should
not be opened, and on the return date of
the order the case was referred to Charles
W. Ridgway to take evidence as to service
of the summons. Koronsky was required
: to put up bond of 81 400 to cover the
judgment in case the referee decided
!. against him,
The reference lasted most OF the sum-
mer. and MIR. Rdgway reported on Ooto-
ber 20 that the summons and complaint
had been duly served. Chief Judge
ODwyer thereupon denied the motion
to open the default The cost OF the
reference was se3s, Of which $42s was
for stenographers' fees Koronsky was
ordered TO pay this. and on November 27
an exceation was issued for 1888 which
WAS returned unsatisfed.
Yorke Allen. counsel for Dollard, then
demanded that Koronsky pay $3.50 ooun-
sel Zee and other costs that Dollard had
been put to in showing that Koronsky
had been served, which made a total OF
81 I7ss4e. MIR. Allen established his first
precedent by going before City Court
Judge Green and submitting the evil
dence taken by the referee to the effect
that koronsky had perjured himself
IN submitting the affidsvits of non-servioe
Mr.. Allen maintained that this was crirni-
nal contempt of court and suggested
that since the Court had power to fine
koronsky any amount the debtor be
fined the total costs to Dollard and be
ordered to pay it to Dollard. since he was
the real sufferer by Koronsky's perjury.
Justice Green granted Mr. Aliens mo-
ton TO fine. koronsky 81. .15s.46. and in his
opinion said:
Nihe facts IN this case present clearly
and forcefully the damage and harm
which xnay well arise from perjury COM
mitted IN regard to the service of pro.
cess. which unfortunately is 90 prevalent
In all the courts Of our city, and for the
eradication Of which only drastic meas
ures can obtain the relief desired. I have
no hesitancy in saying that the records
show that the defendant was served with
papers and that he is unrepentant and
untruthful to the last
The latter statement was made as the
result Of Koronsky's attitude in main
tanning even after the referees report
had been approved that he had never
been served.
Justice Green made the following state
mont IN his opinion as to his reasons for
not turning Koronsky over to the District
Attorney.
1T Is not enough to say that one guilty
OF such conduct may be punished by !
prosecution at the hands of the criminal |
authorities. There are penalties more /
severe to man. Of the character of the /
defendant than prosecution for perjury.
1 10 such man the deprivation Of liberty |
means nothing compared TO deprivation
Of property. The former may annoy and
disgrace, but the latter affects him most
Affidavits of the character made by the
defendants are offered daily in the courts
with almost as much ease as the presepta-
tlon Of visiting card. and the court has
heretofore expressed determination Of /
rendering all its aid in stamping out an
courts"
Koronsky got ten days in which TO
pay the fine or 90 10 Jail until it had haen
settled and his counsel Immediately an
pealed TO the Appellate Term of the ST.
Preme Court. which unanimously affirmed
Justice Green's decision.
When the. Appellate Term decided
against him Koronsky Immediately filed
q petition in bankruptcy, stating that
among his liabilities for which he expected
a discharge was the fine for contempt.
koronsky named as his only assets two
When Koronsky's application for his
discharge came before Judge Holt in
the bankruptcy court on january 90
Judge Holt granted it. This had the
sheot OF sending Koronsky back to the
City. Court for such other punishment
as the Court felt was necessary. A re-
versa Of Judge Holt.s. opinion has
Just been handed down by the United
States Circuit Court Of Appeals. In their
unanirn Gus opinion Judges Laoombe,
CoIe and Ward say II is manifest from the
record that the particular act for which
horonsky was found guilty and fined was
a deceit practised on the Court and of
a sort where the punishment was a vim
dioatlon OF the dignity of the Court. They
decided that the State court should be
left free to infiict the penalty as imposed.
In his argument before the Circuit
Court OF Appea}s Mr.. Allen quoted all
the law he could find on the subject Of
debtors sipce the day of the Roman
Empire and found two points that he re- 4
garded az applicable to the case OF
AS late as 81 James l." said Mr..
Allen. it was provided that debtors
who could not explain justly the causes
OF their Insolvency should stand upon
the public piilory and have their ears
nailed thereto and cut off, and further ,
u the insolvency should appear to be
due 70 fraudulent practices that they
should be put to DEATH
Mr.. Allen also quoted from the opinion
OF Justice Hyde In 1853 as follows:
IL man Is taken In execution and
hes in prison for debt neither the plain.