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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 ... - Seite 391
1830
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Report of Cases Determined by the Supreme Court of Appeals of West ..., Band 76

West Virginia. Supreme Court of Appeals - 1916 - 976 Seiten
...matter in courts of law. It is a general rule at common law that an action upon a contract, whether express or implied, must be brought in the name of the party in whom the legal interest or right of action is vested. The legal interest in a contract is in the person to whom the consideration...
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Cases Decided in the Supreme Court of Appeals of Virginia, Band 122

Virginia. Supreme Court of Appeals - 1918 - 1170 Seiten
...whether the contract was express or implied, by parol or under seal, or of record, the action must be brought in the name of the party in whom the legal interest was vested, and that this legal interest was vested in the person to whom the promise was made, and...
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A Treatise and Forms for Use in Justices' Courts and Upon Appeals Therefrom ...

1920 - 1198 Seiten
...matter in courts of law. It is a general rule at common law that an action upon a contract, whether express or implied, must be brought in the name of the party in whom the legal interest or right of action is vested. 5 The legal interest in a contract is in the person to whom the promise...
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Cases on Common Law Pleading

Oliver Albert Harker - 1924 - 490 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." And the parties to a contract are the persons in whom the legal interest...
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Virginia Appeals: Decisions of the Supreme Court of Appeals of Virginia, Band 15

Virginia. Supreme Court of Appeals - 1918 - 802 Seiten
...whether the contract was express or implied, by parol or under seal, or of record, the action must be brought in the name of the party in whom the legal interest was vested, and that this legal interest* was vested in the person to whom the promise was made, and...
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Briefs on the Law of Insurance, Band 7

Roger William Cooley - 1928 - 1190 Seiten
...in view of Civ. Code Ga. 1910, § 5516, providing that as a general rule an action on contract must be brought in the name of the party in whom the legal interest is vested. Where the policy is so written as to cover the interest both of the mortgagor and mortgagee,...
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The Central Law Journal, Band 51

1900 - 536 Seiten
...maintain the action in his own name. It is an elementary principle that the action on a contract must be brought in the name of the party in whom the legal interest is vested, and that the legal interest in a contract is in the person to whom the promise Is made,...
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Holmes and Brewster's Federal Tax Appeals

George Edwin Holmes, Kingman Brewster, James Sterling Yard Ivins - 1927 - 978 Seiten
...for creditors should sue in the name of his assignor.81 Under the common law practice that a suit may be brought in the name of the party in whom the legal title is vested, to the use of the party to whom the real and substantial ownership has passed, those...
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Atlantic Reporter, Band 57

1904 - 1248 Seiten
...Mr. Justice Merour there said (page 237): "The general rule is that an action on « contract, whether express or implied, must be brought In the name of the party In whom the legal Interest in such contract was vested. 1 Chit. Plead. 2. Yet many cases are to be found In which the right of...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Band 153

Illinois. Supreme Court - 1895 - 730 Seiten
...152; Kennedy v. Smite, 7 Yerg. 472. It is a general rule, that an action at law upon a contract must be brought in the name of the party in whom the legal interest in the contract is vested. Dix v. Insurance Co. 22 Ill. 272 ;. Larned v. Carpenter, 65 id. 543. The...
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