Bank of Troy v. Topping
New York Supreme Court
This was an action of assumpsit, tried at the Rensselaer circuit in September, 1833, before the Hon. James Vanderpoel, one of the circuit judges. The plaintiffs read in evidence a note, given by the defendants, for $4000, bearing date 2d July, 1829, payable to K. Rawson 60 days after date, signed as follows : “ Margaret Topping, administratrix, John Holme, administrator to the estate of John Topping, deceased.
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This was an action of assumpsit, tried at the Rensselaer circuit in September, 1833, before the Hon. James Vanderpoel, one of the circuit judges. The plaintiffs read in evidence a note, given by the defendants, for $4000, bearing date 2d July, 1829, payable to K. Rawson 60 days after date, signed as follows : “ Margaret Topping, administratrix, John Holme, administrator to the estate of John Topping, deceased. After reading the note, the plaintiffs admitted the following facts: John Topping died intestate in September, 1828, and the defendants took out letters of administration on his estate.…
1Opinion of the Court
By the Court,
Sutherland, J.
When this case was formerly before us, the general principle was established, that the defendants were not personally responsible for the payment of the note on which the action is brought, unless they had assets belonging to the estateof their intestate, John Topping, the original debtor to the bank. 9 Wendell, 273. The opinion of the court delivered on that occasion, establishes the following propositions : 1. That every promise requires a sufficient consideration to support it; 2. That the promise of an executor or an administrator to pay the debt of his testator…
2Cases cited7 opinions
- Hart v. DeamerNew York Supreme Court · 1831
- Bank of Troy v. ToppingNew York Supreme Court · 1832
- Reynolds v. ReynoldsNew York Supreme Court · 1829
- Jackson ex dem. Schuyler v. RussellNew York Supreme Court · 1830
- Beatty v. The State of MarylandSupreme Court of the United States · 1812
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3Cited by5 opinions
- Wilson v. MasonIllinois Supreme Court · 1895
- Germania Bank v. MichaudSupreme Court of Minnesota · 1895
- Boyd v. JohnstonTennessee Supreme Court · 1890
- Emerson National Bank v. DerbyNew York Supreme Court · 1931
- Sullivan v. RossonNew York Supreme Court · 1914