Souder v. Stout

Supreme Court of New Jersey

Souder v. Stout

3 N.J.L. 414

DecidedMay 15, 1808

StatusPublished

This text of 3 N.J.L. 414 (Souder v. Stout) 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

Souder v. Stout, 3 N.J.L. 414 (N.J. 1808).

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Opinion

By the Court.

It appears that the plaintiffs had been partners, and they brought the action' below to recover a partnership debt; as it is noted on the justice’s docket that the action was brought for the use of Jacob Stout, it is to be presumed that it was agreed among them that he was to have the money when recovered. [315] So far, that is all legal and proper; but notwithstanding this agreement, the proceedings and judgment should [*o] have been in the name of all the plaintiffs; and for this error the judgment must be reversed.

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By the Court.

It appears that the plaintiffs had been partners, and they brought the action' below to recover a partnership debt; as it is noted on the justice’s docket that the action was brought for the use of Jacob Stout, it is to be presumed that it was agreed among them that he was to have the money when recovered. [315] So far, that is all legal and proper; but notwithstanding this agreement, the proceedings and judgment should [*o] have been in the name of all the plaintiffs; and for this error the judgment must be reversed.

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Bluebook (online)

3 N.J.L. 414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/souder-v-stout-nj-1808.