Emerson v. Knapp
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Fred Emerson, from a judgment of the County Court of Tates county, entered in the office of the clerk of said county on the 2d day of October, 1908, reversing a judgment of the Justice’s Court in favor of plaintiff for $125 and costs.
1Opinion of the Court
Williams, J.:
The judgment of the County Court should be affirmed, with costs.
The action was brought to recover damages for the conversion of a horse, which was claimed to be exempt from levy and sale on execution, but which the defendant, as sheriff of Tates county, levied upon and sold under a judgment and execution against this plaintiff. The judgment sought to be enforced by the execution was recovered upon a note for $50, made by this plaintiff, which was in the ordinary form, except that it contained this clause; “ One *828black horse named Bill, is holding until this note is paid.” This was…
2Cases cited1 opinion
- McMahon v. CookAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by2 opinions
- State v. Avco Financial Service of New York Inc.New York Court of Appeals · 1980
- Brooklyn Loan Corp. v. GrossAppellate Division of the Supreme Court of the State of New York · 1940