Sterling v. Rogers

New York Supreme Court

Sterling v. Rogers

25 Wend. 657

DecidedOctober 15, 1841

StatusPublished

This text of 25 Wend. 657 (Sterling v. Rogers) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sterling v. Rogers, 25 Wend. 657 (N.Y. Super. Ct. 1841).

Pincite

Opinion

By the Court,

Nelson, C. J.

The 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.

New trial granted.

Free access — add to your briefcase to read the full text and ask questions with AI

By the Court,

Nelson, C. J.

The 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.

New trial granted.

Cite This Page — Counsel Stack

Bluebook (online)

25 Wend. 657, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sterling-v-rogers-nysupct-1841.