Wheeler v. Cropsey
New York Supreme Court
Wheeler sued Cropsey before a justice of the peace in the city of Troy, in trespass for taking a horse. The defendant justified the taking under an execution against Wheeler.
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Wheeler sued Cropsey before a justice of the peace in the city of Troy, in trespass for taking a horse. The defendant justified the taking under an execution against Wheeler. The justice gave judgment for the plaintiff and the defendant appealed and the cause was tried in the Troy Mayor’s Court in 1847. It appeared on the trial that Wheeler was a householder and had a family for which he provided, residing with him in the town of Brunswick, Rensselaer county; that he was a physician engaged in the practice of his profession, and that his ride extended from three to ten miles from his…
1Opinion of the Court
By the Court, Parker, J.
The act in question, passed April 11, 1842, in addition to the articles previously exempt from sale under execution, exempted “necessary household furniture, and working tools and team, owned by any person being a householder, or having a family for which he provides, to the value of not exceeding one hundred and fifty dollars.” The first question presented is, whether this exemption of a team extends to the only horse of a physician engaged in a country practice of several miles in extent, where the horse is in daily use in visiting his patients. If we come to the…
2Cases cited1 opinion
- Quackenbush v. DanksCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by5 opinions
- Wilcox v. . HawleyNew York Court of Appeals · 1864
- Becker v. BeckerNew York Supreme Court · 1866
- Smith v. SladeNew York Supreme Court · 1870
- Bitting v. VandenburghThe Superior Court of New York City · 1859
- Fields v. MoulNew York Supreme Court · 1862