Tuttle v. Executors of Ayres

3 N.J.L. 682

Opinion

By the Court.

— Tuttle is no way liable on this agreement; it is the agreement of D’Camp, and so stated in the instrument, and although Tuttle signs his name to the instrument, yet he does it as the agent of D’Camp ; the action cannot, therefore, be maintained in any shape against Tuttle; but even if it could, yet it is misconceived, it should have been an action on the case, and not an action of debt.

Judgment reversed.