Massachusetts Supreme Judicial Court October 15, 1856 (Willard v. Williams)

Bigelow, J.

This case falls within the decision in Woodbury v. Jones 3 Gray, 261, and must be governed by it. The allegation of the agency of Beecher was an unnecessary and useless averment, which the plaintiff, under § 2 of St. 1852, c. 312, ought not to have inserted in his declaration, because it was not a “ substantive fact necessary to constitute the cause of action.