New York Supreme Court May 15, 1835 (Bank of Troy v. Topping)

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.