Vedder v. Alkenbrack
New York Supreme Court
Error to the Schoharie common pleas* On the 25th of February, 1842, Thomas Smith sold to Tedder a stove and stove furniture, and took for them a promissory note. In May, 1843, a judgment was recovered by Smith against Tedder, on the note, before a justice of the peace of Schoharie county, on which an execution was afterwards issued to Alkenbrack, a constable, who levied on, and sold, the stove furniture.
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Error to the Schoharie common pleas* On the 25th of February, 1842, Thomas Smith sold to Tedder a stove and stove furniture, and took for them a promissory note. In May, 1843, a judgment was recovered by Smith against Tedder, on the note, before a justice of the peace of Schoharie county, on which an execution was afterwards issued to Alkenbrack, a constable, who levied on, and sold, the stove furniture. Tedder then sued Alkenbrack in trespass, in a justice’s court, claiming that the stove furniture was exempt from execution, and recovered a judgment for the value. That judgment was…
1Opinion of the Court
By the Court, Parker, J.
Before the exemption law, passed on tire 11th of April, 1842, and which took effect on the 1st of May of that year, the property in question was exempt from *328execution. But the act of 1842, which extended the exemption law to additional property, subjected to an execution issued on a demand for the purchase money thereof, such additional property, and also all property previously exempt. The debt on which the execution was issued in this case was contracted on the 25th day of February, 1842, and the question presented is, whether the exemption law of 1842 is to be…
2Cases cited2 opinions
- Quackenbush v. DanksCourt for the Trial of Impeachments and Correction of Errors · 1845
- Mathewson v. WellerNew York Supreme Court · 1846
3Cited by1 opinion
- People ex rel. Thorne v. HaysCalifornia Supreme Court · 1854