Kinsey v. Hollinshead

Supreme Court of New Jersey

Kinsey v. Hollinshead

2 N.J.L. 381

DecidedFebruary 15, 1808

StatusPublished

This text of 2 N.J.L. 381 (Kinsey v. Hollinshead) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kinsey v. Hollinshead, 2 N.J.L. 381 (N.J. 1808).

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Opinion

By the Court.

— Although we reluctantly reverse fair and honest judgments, and we have reason to think this one, yet we cannot sustain it. The action should have been in the name of Hollinshead the executor; in which case, the plaintiff below, might have produced to the justice her letter of attorney, as an authority to sue in his name; but she had no right of action in herself.¹ Therefore,

Judgment must be reversed.

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By the Court.

— Although we reluctantly reverse fair and honest judgments, and we have reason to think this one, yet we cannot sustain it. The action should have been in the name of Hollinshead the executor; in which case, the plaintiff below, might have produced to the justice her letter of attorney, as an authority to sue in his name; but she had no right of action in herself.¹ Therefore,

Judgment must be reversed.

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Bluebook (online)

2 N.J.L. 381, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kinsey-v-hollinshead-nj-1808.