 | Joseph Rockwell Swan - 1845 - 680 Seiten
...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 the contract is vested. 1 And, in general, the legal interest is vested in the party with whom the... | |
 | Arkansas. Supreme Court - 1853 - 926 Seiten
...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. See 1 Chilly's Plead, p. 3, and the authorities there cited. But when .•tn... | |
 | Joseph Chitty - 1851 - 900 Seiten
...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 (c) (2) ; and in general with his knowledge and concurrence, or, at least,... | |
 | South Carolina. Court of Appeals, James Albert Strobhart - 1851 - 258 Seiten
...action on a contract, whether express Metz. or implied, 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. This principle is illustrated by reference i East. R. to the... | |
 | 1852 - 446 Seiten
...proceeding in that respect were founded upon those of the King's Bench in England, and required actions to be brought in the name of the party in whom the legal interest was vested (1 Dunlap Pr. 86 ; Graham Pr. 59 ; 1 Chitty Plead. 16, 17 ; Tidd Pr. 7). The United States... | |
 | John Bouvier - 1854 - 790 Seiten
...he alone can enforce the performance, and complain when the contract has been broken. The suit must be brought in the name of the party in whom the legal interest in such contract is vested ; for courts of law consider only legal rights, and courts of equity are... | |
 | Elijah Middlebrook Haines - 1855 - 470 Seiten
...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.2 It is a general rule, that in case of partners all the members of the... | |
 | Joseph Kinnicut Angell - 1855 - 692 Seiten
...r. Chenango County Mutual Ins. Co. 2 Comst. (NY) R. 210. In general, the action on a contract must be brought in the name of the party in whom the legal interest, in such contract, is vested. 1 Chitty, PI. 3. a Cockerill r. Mutual Ins. Co. 16 Ohio R. 148. 3 This... | |
 | Benjamin Vaughan Abbott - 1859 - 580 Seiten
...the action might not have been brought in Mason's name. II. The general rule is, that the action must be brought in the name of the party in whom the legal interest in such contract is vested, whether tlie contract was made in person or by agent. (1 Burr. R., 59;... | |
 | United States. Circuit Court (2nd Circuit), Samuel Blatchford - 1859 - 640 Seiten
...that respect was founded upon the practice of the King's Bench in England, and required actions to be brought in the name of the party in whom the legal interest was vested. (1 Dunlap's -Pi'-, 36 ; Graham's Pr., 59 ; 1 Chitty's PL, 16, 17; 1 Tidtfs Pr., 7.) The... | |
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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. 
