Bank of Troy v. Topping
New York Supreme Court
Tins was an action of assumpsit, tried at the Rensselaer circuit in June, 1830, before the Hon. James Vanderpoei,, one of the circuit judges. The plaintiffs declared as the endorsers of a promissory note, given by the defendants to Keating Rawson for $4000, bearing date 2d July, 1829, payable sixty days after date.
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Tins was an action of assumpsit, tried at the Rensselaer circuit in June, 1830, before the Hon. James Vanderpoei,, one of the circuit judges. The plaintiffs declared as the endorsers of a promissory note, given by the defendants to Keating Rawson for $4000, bearing date 2d July, 1829, payable sixty days after date. On the trial the note was produced; it was signed thus; “ Margaret Topping, administratrix ; John Holme, administrator to the estate of John Topping, dec’dand there were three endorsements upon it; to wit, $2734,95, as received of Phillip Viele, surrogate of the county of…
1Opinion of the Court
By the Court,
Savage, Ch. J.
Toller, in his Treatise on the Law of Executors and Administrators, p. 464, says an executor may make himself personally liable by his promise to pay a debt of the testator, or answer damages out of his own estate ; but such promise must be in writing, and supported by a sufficient consideration ; there must be either assets in his hands or forbearance by the creditor to constitute a consideration. An admission of assets may be implied by the nature of the promise—as if it be accompanied with a declaration that the money is ready, &c. But in case there are no…
2Cited by22 opinions
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- De Lavallette v. . WendtNew York Court of Appeals · 1879
- Schmittler v. . SimonNew York Court of Appeals · 1889
- Rodman v. MunsonNew York Supreme Court · 1852
- Germania Bank v. MichaudSupreme Court of Minnesota · 1895
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