Hickox v. Fay
New York Supreme Court
ACTION against the defendant as sheriff of Steuben county, to recover possession of a quantity of tools, upon the ground that they were exempt from levy, &c. The plaintiff was a householder, having a family, &c. and was a daguerrean artist, and the tools were necessary in that business.
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ACTION against the defendant as sheriff of Steuben county, to recover possession of a quantity of tools, upon the ground that they were exempt from levy, &c. The plaintiff was a householder, having a family, &c. and was a daguerrean artist, and the tools were necessary in that business. The defendant justified the taking of the property, under and by virtue of an execution issued upon a judgment against Hickox, recovered by William D. Shuart, for $138.91, which judgment had been assigned to Bichard B. Appleby.. The judgment was recovered on a bill of exchange drawn by B. B. Appleby upon the…
1Opinion of the Court
By the Court,
E. Darwin Smith, J.
The charge of the judge that “if the jury found that any part of the debt upon *13which the judgment was recovered, to collect which the execution was issued, was for the purchase price of property which was exempt from levy and sale on execution, then the sheriff was authorized by virtue of such execution to levy upon any of the property enumerated in, and rendered exempt from, levy and sale on execution by the act entitled can act to extend the exemption of household furniture and working tools from distress for rent and sale on execution/ passed April 11th,…
2Cases cited2 opinions
- McGovern v. PaynNew York Supreme Court · 1859
- Lambert v. SnowNew York Court of Common Pleas · 1859
3Cited by3 opinions
- Ries v. McClatcheyIndiana Supreme Court · 1891
- People v. Klas, New York County Courts1913
- Snyder v. DavisNew York Supreme Court · 1874