Legal Opinion

People ex rel. Noel v. Kingsland

New York Court of Appeals

Decided January 15, 1867PublishedCited by 6 opinions

Appeal from an order fining defendant for contempt. This proceeding was instituted in the name of the People on the relation of Auguste Woel and others, against Richard Kingsland, a judgment debtor, against whom the relators had instituted proceedings supplementary to execution.

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Appeal from an order fining defendant for contempt. This proceeding was instituted in the name of the People on the relation of Auguste Woel and others, against Richard Kingsland, a judgment debtor, against whom the relators had instituted proceedings supplementary to execution. The proceedings supplementary to execution were taken under the provisions of the Code of Procedure on that subject, in order to compel the payment of a judgment of §3,384.20, rendered July 7, I860. At the time of serving the order, the relator caused to be served upon the defendant an order in the nature of an…

1Opinion of the CourtHunt, J.

(after stating the facts). —In support of the appeal it is urged that the defendant- was doing business as an agent for his wife, that the money deposited in bank belonged to her, and that since the recent statutes she was authorized thus to transact business, and authorized to employ her husband as her agent for that purpose.

These questions do not arise. If the business had been transacted in the name of Mrs. Kingsland, and the money had been deposited to her credit, a different question would have been presented. The legal title to the money in bank would have been in her. As the case…

2Cited by6 opinions

  1. In re BlackAppellate Division of the Supreme Court of the State of New York · 1910
  2. Jackson v. MurrayAppellate Division of the Supreme Court of the State of New York · 1898
  3. Holmes v. O'ReganAppellate Division of the Supreme Court of the State of New York · 1902
  4. Beard v. SnookNew York Supreme Court · 1888
  5. Harvey v. ArnoldAppellate Division of the Supreme Court of the State of New York · 1903

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