Herrick v. Borst
Court for the Trial of Impeachments and Correction of Errors
Assumpsit, tried at the Montgomery circuit on the 14th of May, 1840, before Willard, C. Judge. The action was by Herrick against Warnick and Borst, on the following note: . “ Port Jackson, Nov. 9th, 1835. Four months after date, for value rec’d, we or either of us ' promise to pay to Palmer Rowland or bearer, eight hundred and fifty dollars, with interest. Martin I. Borst. George Warnick.” The defendants pleaded the general issue, and gave notice of special matter.
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Assumpsit, tried at the Montgomery circuit on the 14th of May, 1840, before Willard, C. Judge. The action was by Herrick against Warnick and Borst, on the following note: . “ Port Jackson, Nov. 9th, 1835. Four months after date, for value rec’d, we or either of us ' promise to pay to Palmer Rowland or bearer, eight hundred and fifty dollars, with interest. Martin I. Borst. George Warnick.” The defendants pleaded the general issue, and gave notice of special matter. On the trial, the defence relied on was this: The note was given for money lent by Rowland, the payee, to Borst, and Warnick…
1Opinion of the Court
By the Court,
Cowen,. J.
The first exception was to the definition of the term solvency. The judge charged ££ that the term solvent, in law, meant that a man was able to pay all his debts from his own means, or that his property was in such a situation that all his debts might be collected out of it by legal process.” He was requested to charge that, should the jury find Borst to have been in such a situation, when the notice to prosecute was given, that the note might and yvould, in all probability, have been collected by due course of law out of his property, the surety was not liable. The…
2Cases cited5 opinions
- King v. BaldwinCourt for the Trial of Impeachments and Correction of Errors · 1819
- Pain v. PackardNew York Supreme Court · 1816
- Huffman v. HulbertNew York Supreme Court · 1835
- Manchester Iron Manufacturing Co. v. SweetingNew York Supreme Court · 1833
- Ruggles v. HoldenNew York Supreme Court · 1829