Conklin v. McCauley
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James McCauley, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 10th day of December, 1898, upon the verdict of a jury, and also from an order entered in said clerk’s office on the Jth day of December, 1898, denying the ■defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
The action is replevin, for the alleged wrongful taking of a piano, the property of the plaintiff, who was a householder, she claiming that the same was exempt by virtue of the provisions of section 1391 of the Code of Civil Procedure. The proof given upon the trial tended to establish, and the jury were authorized to find, that the article in question constituted necessary household furniture, as it appeared that the plaintiff made use of the same in connection with the education of her children, and that the piano was an article of necessity for that purpose. The court submitted…
2Cases cited8 opinions
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Lounsbury v. . PurdyNew York Court of Appeals · 1859
- Tooker v. . ArnouxNew York Court of Appeals · 1879
- Hammond v. . MorganNew York Court of Appeals · 1886
- Gill v. Aetna Live-Stock InsuranceNew York Supreme Court · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- McLain v. Mathushek Piano Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Cook v. FullerSupreme Court of Oklahoma · 1913
- International Import & Export, Corp. v. EpsteinNew York Supreme Court · 1947
- O'Reilly v. ErlangerAppellate Division of the Supreme Court of the State of New York · 1905
- Plumiera v. BrickaNew York Supreme Court · 1913
3 more not listed; retrieve them via the Exa API.