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" In general, the action on a contract, whether express or implied, or whether by parol, or under seal, or of record, must be brought in the name of the party in whom the legal interest in such contract was vested. "
The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ... - Σελίδα 391
1830
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A Practical Treatise on Pleading and on the Parties to Actions and ..., Τόμος 1

Joseph Chitty - 1809 - 550 σελίδες
...or im. 1st As be- plied, or whether by parol or under seal, or of record, must final li!rri.is, °e brought in the name of the party in whom the legal interest, and with reference to the „ ._.. interest of the plaintiff in the contract. (A) A plaintiff" frequentl9...

Reports of Cases Determined in the Constitutional Court of South ..., Τόμος 1

South Carolina. Constitutional Court of Appeals - 1824 - 526 σελίδες
...that an action upon a contract, either express or STONEY, vs. implied, by parol or under seal, must be brought in the name of the party in whom the legal interest is vested; and that in all crises, if it appear on the face of the pleadings, that there are titlicr...

The American Jurist and Law Magazine, Τόμος 11

1834 - 518 σελίδες
...action on a contract, whether express or implied, or whether by parol or under seal, or of record, must be brought in the name of the party in whom the legal interest in such contract is vested. Thus the action against a carrier for the loss of goods, must in general...

The Practice in Civil Actions and Proceedings at Law in ..., Σελίδα 144,Τόμος 1

Elijah Paine - 1830 - 684 σελίδες
...plaintiffs in actions ex contractu.] In general the r .-...,: i,, , ,• • action on a contract must be brought in the name of the party in whom the legal right or interest is vested.2 Thus Ac1ions on 2 TH,,,cc<'n1rac1.1o the action against a carrier for...

Reports of Cases Argued and Determined in the Court of King's Bench ..., Τόμος 1

Great Britain. Court of King's Bench, Richard Vaughan Barnewall, John Leycester Adolphus - 1831 - 1052 σελίδες
...action which she has adopted, placed herself in the situation of a contractor, and is bound, therefore, to prove title; for an action founded on a contract...have been vested in the husband of the plaintiff. The very basis of the action, therefore, is a right derived through the husband. Without proving that...

Reports of Cases Argued and Determined in the Supreme Court of ..., Τόμος 4

George Shall Yerger, Tennessee. Supreme Court - 1834 - 626 σελίδες
...payable to CE M'Ewen, agent for the executors of Joseph Branch, deceased. An action on a contract must be brought in the name of the party in whom the legal interest is vested. 1 Chitty's Plea. 2. The legal inleresl in this case is in CE M'Ewen. The introduction of...

Reports of Cases at Law and in Equity, Argued and Adjudged in the ..., Τόμος 2

Alabama. Supreme Court, Benjamin Faneuil Porter - 1836 - 602 σελίδες
...principle better settled in law, than that actions upon contracts, either express or iin.pli.ed, must be brought in the name of the party in whom the legal interest in such contract is vested ; and that where there is a joint interest, and one of the parties dies...

Reports of Cases Argued and Determined in the Supreme Court of the ..., Τόμος 8

Vermont. Supreme Court - 1837 - 534 σελίδες
...court,) the plaintiff iusists, the action is properly brought in his name. The action on a contract must be brought in the name of the party, in whom the legal interest is vested. — 1 East. 497. — 8 T. R.332.— 1 Saund. 153, note 1.— 1 Chit. PI. p. 2. To whom is...

Reports of Cases Argued and Determined in the Supreme Court of the ..., Τόμος 2

Arkansas. Supreme Court - 1841 - 662 σελίδες
...on a contract, whether expressed or implied, or whether by parole or under seal, or of record, must be brought in the name of the party in whom the legal interest is vested. Is there any evidence that the legal interest, at the time Sevier received the note, or...

Condensed Reports of Decisions in the Supreme Court of Ohio, Τόμοι 6-7

Ohio. Supreme Court - 1840 - 594 σελίδες
...legal, as well as equitable rights of the insolvent. It is an ordinary principle, that the action must be brought in the name of the party in whom the legal interest is vested, or whose legal right has been affected. That person is the commissioner, and the absolute...




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