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8 How. Pr. 75

Eastman v. Caswell

New York Supreme Court

Decided July 1, 1853

New York Supreme Court · decided 1853-07-01

In 1845, the plaintiff, not being at that time a householder, purchased a bill. of goods of Clarke & Hobbie, merchants at Cazenovia, and on the 4th of February 1846 he gave his note for the balance due on the bill. This note was renewed by a new note dated May 10th 1851, upon which a judgment was rendered by a justice of the peace.

Cited by 1 later decisions — most recently June 1879

1 state decisions

Cited in Abbott (1879)’s definition of “Team”

Good law ✅— No negative treatment on recordhow we know

Decided 1853-07-01

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By the Court Pratt, Justice.

¶1I have, no doubt that within the liberal construction which has always been given to our exemption statutes, the wagon in question was exempt from levy and sale on execution; still the County Court did right in reversing the judgment of the justice.

¶2• 1. The proof by reputation that Eastman was not a householder at the time of contracting the debt, was clearly erroneous. It was a fact capable of direct proof, and could not be proved by hearsay.

¶3*772. The verdict was too large. It was proved that the property was bid off by Fuller at $13-88 for the plaintiff by an arrangement between all the parties, and that he afterwards had it and disposed of it. He was therefore only entitled to recover that amount and interest. The judgment of the County Court must, therefore, be affirmed.

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