Crawford v. Lockwood
New York Supreme Court
Johnson, T. R. Strong, and Selden, Justices. This action was originally brought in a justice’s court to recover the value of certain personal property, levied upon and sold by the defendant, who was a constable, by virtue of an execution against the plaintiff.
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Johnson, T. R. Strong, and Selden, Justices. This action was originally brought in a justice’s court to recover the value of certain personal property, levied upon and sold by the defendant, who was a constable, by virtue of an execution against the plaintiff. The defence was that the execution was issued upon a judgment in favor of W. W. Bramhall against the plaintiff upon a note, of which the following is a copy: cc $33.67. Hammondsport, May 10,1851. “ For value received, I promise to pay W. W. Bramhall, or bearer, sixty days from date, the sum of thirty-three dollars and sixty-seven cents,…
1Opinion of the Court
By the court.—Selden, Justice.
Although our statutes, exempting certain articles of prime necessity belonging to householders from levy and sale upon execution, were intended for the benefit of the entire family, and not of its head alone, still I entertain no doubt that the master of the family may waive the exemption.
This power results from the ownership of the property. He has the right to sell and dispose of it at pleasure; and may, of course, devote it or its avails to the payment of his debts, and may select his own mode of accomplishing this object. If he choose to turn the property out…
2Cases cited1 opinion
- Pearson v. PearsonNew York Supreme Court · 1810
3Cited by8 opinions
- Cox v. RobisonTexas Supreme Court · 1912
- Shapley v. . AbbottNew York Court of Appeals · 1870
- Bridger v. . GoldsmithNew York Court of Appeals · 1894
- Crocker v. IrelandAppellate Division of the Supreme Court of the State of New York · 1932
- Zumpfe v. GentryIndiana Supreme Court · 1899
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