 | Stewart Kyd - Arbitration and award - 1793 - 538 pages
...London without a licence ; on demurrer to the declaration, this objection, among others, was taken, that the action ought to have been brought in the name of the colltge only, or of the prefident only, the words of the patent being, " quod ipfi per nomina prefidentis... | |
 | William Waller Hening - Forms (Law) - 1810 - 710 pages
...the plaintiff obtained a verdict against the carrier. It was moved for a new trial, on the objection that the action ought to have been -brought in the name of the person to whom the goods were consigned, and not in the name of the consignor. For the consignor parted... | |
 | Great Britain. Court of King's Bench, James Burrow - Law reports, digests, etc - 1812 - 446 pages
...carrier, &c. and requested him to deliver it safely and securely, for them, to one Elizabeth Rodman, at the Three Nuns at White Chapel; which they undertook...delivering the goods to the carrier ; and that no properly remained in them after such delivery. And they cited, as to the point of property, the case... | |
 | United States. Supreme Court - Law reports, digests, etc - 1816 - 786 pages
...has only an equitable, not a legal, interest. The right of assignment is in the former only.* Here the action ought to have been brought in the name of the trustee, and not of the cestui que trust. The Attorney- General, contra, contended, that the position... | |
 | New Jersey. Supreme Court - Law reports, digests, etc - 1835 - 836 pages
...was paid out of the township funds ; that the town alone was concerned in interest, and therefore, the action ought to have been brought in the name of the township, in which opinion, the Reporter understood Judge Rossell to acquiesce. PENH INGTON, J. —... | |
 | United States. Supreme Court - Courts - 1818 - 712 pages
...has only an equitable, not a legal, interest. The right of assignment is in the former only.' Here the action ought to have been brought in the name of the trustee, and not of the cutu^ que trust. The Attorney General, contra, contended, that the position... | |
 | Samuel Comyn - Contracts - 1824 - 680 pages
...vitiated, and the deposit was recoverable as money had and received. For the defendant it was objected, that the action ought to have been brought in the name of Harting. He alone appeared as purchaser on the face of the agreement, and until after it had been executed... | |
 | Law reports, digests, etc - 1825 - 800 pages
...the settlement of the affaire of Thomas Gibbons. On the part of the defendant it was objected, first, that the action ought to have been brought in the name of all the members of the banking establishment of Messrs. Bodenham and Co., and not in the name of Mr.... | |
 | Law reports, digests, etc - 1837 - 972 pages
...demurred specially, on the ground that, as it appeared the conversion was subsequent to the marriage, the action ought to have been brought in the name of the husband alone, and his wife ought not to have been joined with him in the action. Gale, in support... | |
 | Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson, Henry Roscoe - Law reports, digests, etc - 1835 - 1012 pages
...and Ball shewed cause. — First, it is said that the covenant in this deed is a joint covenant, and that the action ought to have been brought in the name of both the covenantees, and that, therefore, the judgment ought to be arrested. But the whole of the... | |
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Here the action ought to have been brought in the name of the trustee, and not of the cestui que trust. 
