Darrow v. Lee
New York Court of Common Pleas
Appeal from an order appointing a receiver. Judgment was recovered in this action by Daniel Darrow against William P. Lee for $201. An execution was issued, and an order made, under section 294 of the Code of Procedure, directed to the Bank of North America.
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Appeal from an order appointing a receiver. Judgment was recovered in this action by Daniel Darrow against William P. Lee for $201. An execution was issued, and an order made, under section 294 of the Code of Procedure, directed to the Bank of North America. By the examination of the cashier of the bank, it appeared that there was a deposit in that bank to the credit of the defendant, amounting to $2,480. It appeared that, after the supplementary proceeding was instituted, the defendant had assigned the deposit to his mother. An order was made appointing Malcolm Campbell receiver of so much…
1Opinion of the Court
By the Court.*—Hiltoh, J.
This was a proceeding supplementary to execution, instituted against the defendant before one of the judges of this court, at chambers, under an order granted pursuant to section 294 of the Code, to reach certain moneys in the Bank of Horth America, alleged to belong to the defendant.
The money was deposited in the name of the defendant, but, upon his examination before the judge, he testified that it was *217not his, but a part of it was deposited by him as agent for another, and was rents collected by him as such agent from property in which he was in no manner…
2Cases cited4 opinions
- Porter v. . Williams and ClarkNew York Court of Appeals · 1853
- Reubens v. . JoelNew York Court of Appeals · 1856
- Kemp v. HardingNew York Supreme Court · 1849
- Porter v. ClarkNew York Court of Appeals · 1853
3Cited by3 opinions
- Holbrook v. OrglerThe Superior Court of New York City · 1875
- De Vivier v. SmythCity of New York Municipal Court · 1884
- Holbrook v. OrglerThe Superior Court of New York City · 1875