Hoyt v. Alstyne
New York Supreme Court
This was an action commenced before a justice of the peace of Cayuga county by Hoyt, the present appellant, against Van Alstyne the respondent; in which the plaintiff complained against the defendant for unlawfully taking from his possession and converting to his own use a chestnut sorrel mare,- the property of the plaintiff.
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This was an action commenced before a justice of the peace of Cayuga county by Hoyt, the present appellant, against Van Alstyne the respondent; in which the plaintiff complained against the defendant for unlawfully taking from his possession and converting to his own use a chestnut sorrel mare,- the property of the plaintiff. The answer denied each and every allegation contained in the complaint, and gave notice that the defendant would prove on the trial that he was a special deputy of the sheriff of the county of Cayuga, and was deputed by the said sheriff to execute and serve an execution…
1Opinion of the Court
By the Court, Welles, P. J.
The first point made for the defendant in support of the judgment of the county court, is, that the mare in question was not a team, nor shown to be necessary, so as to exempt it from the execution upon which it was taken by the defendant. Evidence was given tending to show that the plaintiff was a householder having a family for which he provided, and that this mare was all the team he had, and that it was used in prosecuting the business in which he was engaged. I think enough was shown to bring him within, and to entitle him to the benefit of the first section of…
2Cited by17 opinions
- Stowell v. . OtisNew York Court of Appeals · 1877
- Wilcox v. . HawleyNew York Court of Appeals · 1864
- Stamm v. . BostwickNew York Court of Appeals · 1890
- Raynor v. TimersonNew York Supreme Court · 1866
- Stonebridge v. . PerkinsNew York Court of Appeals · 1894
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