Van Buren v. Loper
New York Supreme Court
MOTION for a new trial, on exceptions first heard at a general term. The action was for the value of a horse converted by the defendant. The plaintiff purchased of one Garret a buggy wagon, for the price of which he gave his promissory note. The defendant purchased the note, and obtained a judgment upon it, and took the horse by virtue of an execution issued upon the judgment; and this was the conversion complained of.
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MOTION for a new trial, on exceptions first heard at a general term. The action was for the value of a horse converted by the defendant. The plaintiff purchased of one Garret a buggy wagon, for the price of which he gave his promissory note. The defendant purchased the note, and obtained a judgment upon it, and took the horse by virtue of an execution issued upon the judgment; and this was the conversion complained of. The plaintiff was a householder, and had a family, for which he provided. He was a practicing physician, and used the horse and buggy wagon in his professional business. The…
1Opinion of the Court
By the Court, Marvin, J.
The question is, was the buggy wagon exempt from levy and sale by virtue of the execution ? It was the horse that was taken and converted by the defendant ; but as the execution was issued upon a judgment recovered on a note given as the consideration for the buggy wagon purchased by the plaintiff, the horse, as a team, was not exempt, provided the buggy wagon was exempt. (Laws of 1842, ch. 157.)
This act exempts necessary household furniture and working tools and team owned, &c., the value not to exceed $150. There have been several decisions upon this statute, but no…
2Cases cited2 opinions
- Quackenbush v. DanksCourt for the Trial of Impeachments and Correction of Errors · 1845
- Harthouse v. RikersThe Superior Court of New York City · 1853
3Cited by2 opinions
- In re ConleyDistrict Court, D. Nebraska · 1907
- In re WillisDistrict Court, N.D. Texas · 1923