Stewart v. . Brown
New York Court of Appeals
Appeal from the Supreme Court. The action was for the recovery of a pair of horses and a double harness. The Defendant claimed to justify the taking under an execution against the Plaintiffs in favor of Miller and Grainer. The only question in the case was, -whether the team was exempt from seizure and sale on execution. The cause was tried before Alexander Storrs, as sole referee.
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Appeal from the Supreme Court. The action was for the recovery of a pair of horses and a double harness. The Defendant claimed to justify the taking under an execution against the Plaintiffs in favor of Miller and Grainer. The only question in the case was, -whether the team was exempt from seizure and sale on execution. The cause was tried before Alexander Storrs, as sole referee. The facts as found were substantially these: The Plaintiffs were partners in the ownership of the horses and harness, which were worth $160. They had no other property except a few articles of household furniture,…
1Opinion of the CourtPoetse, J.
Tbe argument submitted for tbe Appellant is ingenious ; but its fallacy is apparent, in view of tbe conclusions to wbicb it tends. If it proves anything, it is that tbe property of a film is not owned by tbe persons wbo compose it, either collectively or otherwise.
It certainly does not belong to any one else, and if the Appellant is right, the title is in a state of abeyance. If the partners have such an ownership as subjects the property to seizure on execution, they have also such an ownership as entitles them to claim its exemption, in a case plainly falling within the terms and intent of…
2Cited by32 opinions
- State v. Avco Financial Service of New York Inc.New York Court of Appeals · 1980
- Gaylord, Son & Co. v. M. Imhoff & Co.Ohio Supreme Court · 1875
- Guptil & Hinton v. McFeeSupreme Court of Kansas · 1872
- Russell v. LennonWisconsin Supreme Court · 1876
- Skinner v. ShannonMichigan Supreme Court · 1880
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