Prince v. Brett
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Adolf Prince, a judgment creditor, from an order of the Supreme Court,'made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 16th day of July, 1897, denying his motion to punish the defendant, a judgment debtor, for contempt, for disobedience of an order forbidding any transfer of his property.
1Opinion of the Court
Per Curiam :
The defendant, a saloon keeper, admitted that, subsequent to the service upon him of the injunction order, he paid away moneys received by him in the conduct of his business from the sale of his stock. It is urged . that these moneys were not his own, but the property of the brewer whose agent, it is claimed, he was. The defendant’s examination fails to show that his relation to the brewer was that of agent to principal. On the contrary, .it distinctly appears that the relation between the parties was merely that of debtor and creditor. Money received by a saloon keeper in the…
2Cases cited1 opinion
- Mulford v. GibbsAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by7 opinions
- Kerr v. Tyler Guaranty State BankCourt of Appeals of Texas · 1926
- In re FrenchDistrict Court, N.D. New York · 1916
- In re the Examination of WymanAppellate Division of the Supreme Court of the State of New York · 1902
- Fay Securities Co. v. BoweringCalifornia Court of Appeal · 1929
- In re WymanAppellate Division of the Supreme Court of the State of New York · 1902
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