Souder v. Stout

Decided May 15, 1808

Supreme Court of New Jersey · decided 1808-05-15

ON CERTIORARI. Action by three, and judgment for one, error. The action below was brought by Jacob Stout, Francis Denny and David C. Lea, for the use of Jacob Stout. This cause was submitted to reference, and the referees reported in favor of Jacob Stout, and the justice entered judgment in favor of Jacob Stout, taking no notice of the other plaintiffs, and this was assigned for error.

Decided 1808-05-15

By the Court.

¶1— 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 tobe presumed that it was agreed among them that he was to have the money when recovered. So far, that is all legal and *315proper; but notwithstanding this agreement, the proceedings and judgment should [%] have been in the name of all the plaintiffs; and for tuis error, the judgment must he

Crane, att’y for plaintiff.

¶2Reversed.