Tuttle v. Buck
New York Supreme Court
THIS action was brought by the plaintiff against the defendant, to recover possession of certain household furniture and a piano, which the defendant, as sheriff, had taken, by virtue of an execution against the plaintiff’s father, from the possession of the plaintiff.
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THIS action was brought by the plaintiff against the defendant, to recover possession of certain household furniture and a piano, which the defendant, as sheriff, had taken, by virtue of an execution against the plaintiff’s father, from the possession of the plaintiff. The plaintiff was an unmarried woman and lived in her father’s family, and claimed to have purchased the furniture from her father and to have paid for the same by transferring to him five shares of stock in the Oswego Starch Company, which had been previously given to her by him. The cause was tried at the Cayuga circuit, in…
1Opinion of the Court
By the Court, Johnson, J.
None of the exceptions in the case are well taken, except the one to that portion of the charge on the subject of exempt propertv. On this subject the judge charged “that the evidence showed, or at least authorized the jury to find, that the property was exempt from execution when Tuttle parted with it, and if they should find that such was the case they might properly take that circumstance into account in determining the question of intent.” I have examined all the evidence in the case with care, and am wholly unable to find any which tends to establish the fact…
2Cases cited1 opinion
- Griffin v. SutherlandNew York Supreme Court · 1852
3Cited by4 opinions
- Twinam v. SwartNew York Supreme Court · 1871
- Blythe v. JettSupreme Court of Arkansas · 1889
- Hodge v. City of BuffaloSuperior Court of Buffalo · 1874
- State v. WhitneyOregon Supreme Court · 1879