Sterling v. Rogers

Decided October 15, 1841

New York Supreme Court · decided 1841-10-15

This was an action of debt, tried at the Madison circuit in September, 1839, before the Hon. Philo Gridley, one of the circuit judges. The plaintiff, Q-eorge Sterling, declared in debt, claiming $300 for a scow boat sold to the defendants, and $300 for money lent. The defendants pleaded nil debent. On the trial the following facts appeared: On the 13th of Febuary, 1838, the plaintiff sold to the defendants a scow boat for the sum of $450.

Cited by 2 later decisions — most recently April 1890

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1841-10-15

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¶1By the Court,

Nelson, C. J.

¶2The learned judge was right in granting a new trial. The purchase money of the boat constituted a debt for the recovery of which the vendor had his remedy by action, when it fell due. It was not necessary that a note or bond should have been given to preserve the debt; it existed and continued in full force, without such personal security. The mortgage was given as collateral security, and did not merge the demand. The one is the principal, the other the incident, and the latter can never merge the former.

¶3New trial granted.