Smith v. Kane
New York Court of Chancery
The bill in this case was filed by certain judgment creditr ors of Kane and Smith, who had proceeded to execution against them without obtaining satisfaction of their debts. Kane had been convicted of forgery, and sentenced to imprisonment in the state prison. The principal object of the bill was to reach certain monies claimed by his wife, and an injunction had been obtained to prevent her from using the same for the support of herself and children.
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The bill in this case was filed by certain judgment creditr ors of Kane and Smith, who had proceeded to execution against them without obtaining satisfaction of their debts. Kane had been convicted of forgery, and sentenced to imprisonment in the state prison. The principal object of the bill was to reach certain monies claimed by his wife, and an injunction had been obtained to prevent her from using the same for the support of herself and children. She having put in her separate answer, a motion was now made in her behalf to dissolve the injunction.
1Opinion of the Court
The Chancellor.
From the answer of the defendant E. Kane, it satisfactorily appears that she has the equitable right to the money in the hands of Alexander, for the support of herself and children. It was a debt due to the wife before her .marriage with Kane, and he has never reduced it into possession. By the consent of her husband, and in pursuance of a verbal antenuptial contract, she has been permitted to preserve this small fund as her separate property. In such a case this court would not aid the husband in ob*304taining this money from her or her depositary; and his- creditors or general…
2Cited by6 opinions
- Romaine v. . ChaunceyNew York Court of Appeals · 1892
- Ellis v. Boston, Hartford & Erie RailroadMassachusetts Supreme Judicial Court · 1871
- Maurice Baskin & Co. v. HoweAppellate Division of the Supreme Court of the State of New York · 1929
- In re BrinkmanDistrict Court, S.D. New York · 1872
- King v. LongworthOhio Supreme Court · 1836
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