Kneettle v. Newcomb
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was brought to recover the value of certain household furniture and other articles, of the value of $100. The property in question consisted of articles exempt by statute from execution; the plaintiff, at the time the property was taken, being a householder, having a family for which he provided.
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APPEAL from a judgment entered upon the report of a referee. The action was brought to recover the value of certain household furniture and other articles, of the value of $100. The property in question consisted of articles exempt by statute from execution; the plaintiff, at the time the property was taken, being a householder, having a family for which he provided. The defendants set up as a defense the recovery of a judgment against Kneettle, in favor of Newcomb, on the 7th July, 1864, for $80.11; an execution issued thereon, which was delivered to Brown, a deputy sheriff, who sold the…
1Opinion of the Court
By the Court, Pratt, J.
This was an action for taking and converting personal property exempt from execution. The *170property was taken by Brown, a deputy sheriff, upon an execution in favor of Newcomb, against the plaintiff, by direction of the defendant Newcomb. Judgment was recovered upon two notes in the usual form, With an additional stipulations follows: “ I hereby waive and relinquish all right of exemption of any property that I may have, from execution on this debt.” The question is whether this agreement makes property, otherwise exempt, liable to be taken upon execution. Upon this…
2Cited by5 opinions
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