Battle v. . Coit

The opinion delivered by Mr. Justice GREEN, in the Supreme Court (19 Barb., 68), states correctly the principles of law applicable to this case. It is a maxim of the law that the incident shall pass by the grant of the principal, but not the principal by the grant of the incident. The sale by Battle, to his copartners, of his interest in the partnership property, created a debt in his favor, for the price of the property and the drafts which he took were merely the evidences of the debt, and not the debt itself. As between the parties to the sale, the debt was the principal and the drafts the…