Stephens v. Bacon

Supreme Court of New Jersey

Stephens v. Bacon

7 N.J.L. 1

DecidedNovember 15, 1822

StatusPublished

This text of 7 N.J.L. 1 (Stephens v. Bacon) 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

Stephens v. Bacon, 7 N.J.L. 1 (N.J. 1822).

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Opinion

Per Curiam.

■ We are all of opinion that the award is unlawful, and must be set aside. That the defendant, Stephens, upon the case submitted, is not liable, either in law or equity. A mere agent, without suggestion of fraud, is answerable only to his principal. A bill in equity against [5]*5him, simply, would have been dismissed; so that admitting that an action on the case was as broad in every respect as a bill in equity, yet it would not have bettered the plaintiff’s case.

Judgment reversed and report set aside.

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Per Curiam.

■ We are all of opinion that the award is unlawful, and must be set aside. That the defendant, Stephens, upon the case submitted, is not liable, either in law or equity. A mere agent, without suggestion of fraud, is answerable only to his principal. A bill in equity against [5]*5him, simply, would have been dismissed; so that admitting that an action on the case was as broad in every respect as a bill in equity, yet it would not have bettered the plaintiff’s case.

Judgment reversed and report set aside.

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Bluebook (online)

7 N.J.L. 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephens-v-bacon-nj-1822.