 | Insurance law - 1887 - 1096 pages
...Elizabeth H. Pingrey. HG NICHOLS, for Cara L. Pingrey. BE 1 EBRS, for Defendant. C. ALLEN, J. The objection that the action ought to have been brought in the name of the legal representatives of the assured, if valid, is waived : Bailey vs. New England Life Ins. Co., 114... | |
 | Law reports, digests, etc - 1887 - 1098 pages
...Elizabeth H. Pingrey. HG Nichols, for Cara L. Pingrey. BE Perry, for defendant. C. ALLEN, J. The objection that the action ought to have been brought in the name of the legal representatives of the assured, if valid, is waived. Bailey v. New England Life Ins. Co. 114... | |
 | California. Supreme Court - Law reports, digests, etc - 1887 - 784 pages
...Court. //. //. Hartley, for Appellant, argued that the demurrer should have been sustained, because the action ought to have been brought in the name of the people of the State of California, and because it did not aver that the plaintiff was the successor... | |
 | Law reports, digests, etc - 1911 - 1320 pages
...Mechanics' Bank is not the real party in interest. It is claimed by appellant, and conceded by respondent, that the action ought to have been brought in the name of Oliver B. Filley's administrators." In discussing that objection, this court said : "We think appellant... | |
 | Tindal Arthur Pearson - Agency (Law) - 1890 - 530 pages
...constituted such a variance from the particular as to vitiate the contract of sale ; it was objected that the action ought to have been brought in the name of Harding ; Lor Ellenborough held that although on the agreement Harding only might hav been liable,... | |
 | Connecticut. Superior Court - 1898 - 650 pages
...the church nor the deacons of the church, are a civil corporation capable of suing or being sued; and that the action ought to have been brought in the name of the executors of the original promisee — Demurrer. Nortlntm v. l,helps. SEERS v. BLAKESLY. The service... | |
 | Law - 1900 - 460 pages
...left no widow or children, was never married, and his mother survives him. Under the statute of 1855 the action ought to have been brought in the name of the mother. That statute declares who shall bring the action and for whose benefit the action is brought,... | |
 | United States. Supreme Court - Law reports, digests, etc - 1901 - 1124 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... | |
 | Law reports, digests, etc - 1902 - 898 pages
...ad satisfaciendum. The defendants demurred to the declaration, on the sole ground, it is believed, that the action ought to have been brought in the name of the then governor, successor of Gilmer, and not in the name of Gilmer, late governor. This point has not... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1906 - 752 pages
...refuses to order a verdict for the defendant, without the defendant calling his attention to the fact that the action ought to have been brought in the name of the principal, and the plaintiff obtains a verdict, on exceptions to this ruling alleged by the defendant... | |
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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. 
