Huffman v. Hulbert
New York Supreme Court
This was an action of assumpsit, tried at the Cayuga circuit in April, 1833, before the Hon. Daniel Moseley, one of the circuit judges. The suit was brought on a joint and several note for $200 given to the plaintiff, bearing date 26th January, 1829, payable on demand, signed by John W. Hulbert as principal, and by John P. Hulbert the defendant, and Lewis Warren, as sureties.
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This was an action of assumpsit, tried at the Cayuga circuit in April, 1833, before the Hon. Daniel Moseley, one of the circuit judges. The suit was brought on a joint and several note for $200 given to the plaintiff, bearing date 26th January, 1829, payable on demand, signed by John W. Hulbert as principal, and by John P. Hulbert the defendant, and Lewis Warren, as sureties. The defendant offered substantially the same evidence as in the last case, to show an agreement between the plaintiff and th e principal for an extension of the time of payment. He alsoproved a request to sue the…
1Opinion of the Court
By the Court,
Nelson, J.
I perceive no objection to the charge of the circuit judge. Solvency, in the sense in which it is used, as applicable to the principle of law referred to by the judge, means something more than an ability to pay at the option of the debtor; it means that the debtor is in such a condition that the demand may be collected out of his property by due course of law. Any thing short of this would destroy the justice, and consequently the soundness of the rule which is founded upon the assumption that the debt is clearly collectable by suit. It is upon this ground only it can…
2Cited by14 opinions
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