Powell v. Clark

Supreme Court of New Jersey

Powell v. Clark

3 N.J.L. 517

Supreme Court of New Jersey·Decided February 15, 1809·Published

Opinion

[*] Kirkpatrick, C. J.

There are several reasons assigned for the reversal of this judgment. The only one which I think necessary to take notice of is, that the action is an action of covenant, when it ought to have been debt; this appears to me a fatal objection; an action of covenant will not lie on bond with a condition to deliver property; it should have been an action of debt.

The other Justices concurred.

Judgment reversed.

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[*] Kirkpatrick, C. J.

There are several reasons assigned for the reversal of this judgment. The only one which I think necessary to take notice of is, that the action is an action of covenant, when it ought to have been debt; this appears to me a fatal objection; an action of covenant will not lie on bond with a condition to deliver property; it should have been an action of debt.

The other Justices concurred.

Judgment reversed.

Powell v. Clark, 3 N.J.L. 517 (N.J. 1809).

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