Brooks v. Hathaway
New York Supreme Court
Motion for a new trial on exceptions ordered to be heard in the first instance at the General Term, after a verdict in favor of the plaintiff. This action was brought to recover the damages sustained in consequence of the unlawful taking of a wagon belonging to the plaintiff. The defendants justified under an execution issued against plaintiff, in favor of one Sands.
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Motion for a new trial on exceptions ordered to be heard in the first instance at the General Term, after a verdict in favor of the plaintiff. This action was brought to recover the damages sustained in consequence of the unlawful taking of a wagon belonging to the plaintiff. The defendants justified under an execution issued against plaintiff, in favor of one Sands. The defendant Heath is the deputy sheriff who levied and sold, and Hathaway aided him in so doing, and purchased the wagon. Plaintiff claimed that the wagon was exempt, under the exemption law. (Sess. Laws 1859, chap. 134.) The…
1Opinion of the Court
LeaeNed, P. J.:
The plaintiff knew of the levy before March tenth; at least the jury might have so found. There was some evidence, too, that shortly after that day he made arrangements to have the property sold before May thirteenth, to which time the deputy sheriff had postponed the sale. The claim that the property was exempt was first made about April fourteenth, more than a month after knowledge of the levy.
Where the judgment debtor has other property, apparently exempt, or which might be exempt, under this act, he must within *292a reasonable time after knowledge of the levy, make bis…
2Cases cited3 opinions
- Twinam v. SwartNew York Supreme Court · 1871
- Seaman v. LuceNew York Supreme Court · 1856
- Smith v. SladeNew York Supreme Court · 1870