Devlin v. Hinman
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Devlin, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 23d day of February, 1899, denying the plaintiff’s motion to compel the defendant to deposit with the county treasurer- of Kings county a certain sum of money, the restitution of which had been ordered by the Appellate Division of the Supreme Court in the second judicial department, or in default…
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Appeal by the plaintiff, John Devlin, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 23d day of February, 1899, denying the plaintiff’s motion to compel the defendant to deposit with the county treasurer- of Kings county a certain sum of money, the restitution of which had been ordered by the Appellate Division of the Supreme Court in the second judicial department, or in default thereof that the defendant’s answer be stricken out.
1Opinion of the Court
Hatch, J.:
By this application the plaintiff seeks to punish the defendant as-for a contempt in failing to pay over moneys to the treasurer of the county of Kings directed to be -paid by an order of restitution granted by this court in reversing a judgment in the defendant’s favor. The action was brought to recover a sum of money which the plaintiff claimed was held by the defendant in trust for him. The money was deposited in the defendant’s name by virtue of an agreement between the parties under which the plaintiff claimed the right to control and use the same. The defendant having *102refused…
2Cases cited10 opinions
- Haebler v. . MyersNew York Court of Appeals · 1892
- Walker v. . WalkerNew York Court of Appeals · 1880
- Myers v. . BeckerNew York Court of Appeals · 1884
- O'Gara v. . KearneyNew York Court of Appeals · 1879
- Marvin v. . Brewster Iron Mining CompanyNew York Court of Appeals · 1874
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3Cited by10 opinions
- Harris v. . ElliottNew York Court of Appeals · 1900
- Slewett & Farber v. Board of Assessors of County of NassauAppellate Division of the Supreme Court of the State of New York · 1981
- In re the Adoption of AnonymousNew York Surrogate's Court · 1972
- LeGros v. Chain Shirt Shops, Inc.Appellate Division of the Supreme Court of the State of New York · 1919
- Potter v. RossiterAppellate Division of the Supreme Court of the State of New York · 1905
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