 As a general rule, 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 is vested, and against the party who made it...  The Southeastern Reporter - Page 821904Full view - About this book
 | Joseph Chitty - 1809 - 550 pages
...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... | |
 | South Carolina. Constitutional Court of Appeals - 1824 - 526 pages
...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... | |
 | 1834 - 518 pages
...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 be brought in the name of... | |
 | 1830 - 1076 pages
...therefore, bound to prove title; for an action founded on a contract, either express or implied, must be brought in the name of the party in whom the legal interest of the subjectmatter of such contract is vested. The legal interest in the chattel, the proceeds of... | |
 | Elijah Paine - 1830 - 684 pages
...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... | |
 | George Shall Yerger, Tennessee. Supreme Court - 1834 - 626 pages
...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... | |
 | Alabama. Supreme Court, Benjamin Faneuil Porter - 1836 - 602 pages
...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 before suit is brought, the action... | |
 | Vermont. Supreme Court - 1837 - 534 pages
...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... | |
 | Ohio. Supreme Court - 1840 - 594 pages
...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... | |
| |
