| Nathan Howard (Jr.) - 1857 - 630 pages
...hand, we shall have little difficulty in arriving at the conclusion that the justice was right, and that the action should have been brought in the name of the master warden of the port of New-York. It must be borne in mind, that by the act of 1830 the action... | |
| Theophilus Parsons - 1859 - 928 pages
...assigned without the consent of the corporation. The assignee sued in his own name. The court held, that the action should have been brought in the name of the assignor, and the plaintiff, therefore, was nonsuited. The court said : " We know of no principle upon... | |
| Massachusetts. Superior Court of Judicature, Josiah Quincy - 1865 - 634 pages
...thereof, and to fue for and recover the fame by due procefs in the law." Anc. Chart. 341. (9) The decifion that the action should have been brought in the name of the Province, and not of Harrifon Gray, its Treafurer, was doubtlefs correfl. Bainbridge v. Dnunlc, 6 Mafs.... | |
| Massachusetts. Supreme Judicial Court - 1866 - 630 pages
...The note is in terms payable to " the cashier of the Commercial Bank ; " and the defendant contends that the action should have been brought in the name of the person who was then cashier and will not lie in the name of the corporation. It is not denied that... | |
| New York (State), Nathan Howard (Jr.) - 1867 - 966 pages
...to the bank which acted as plaintiffs agent, it was error tonoiis¡uí the plaintiffs on the ground that the action should have been brought in the name of the agent bank, and was not brought in the name of the real party in interest. It having been proven on... | |
| Anthony L. Robertson - 1867 - 782 pages
...of their payment of any money recovered by the present plaintiff in this. It would seem, therefore, that the action should have been brought in the name of the people, so as to make the parties in each successive action the same, unless by statute or a surrogate's... | |
| Theophilus Parsons - 1868 - 700 pages
...assigned without the consent of the corporation. The assignee sued in his own name. The court held, that the action should have been brought in the name of the assignor, and the plaintiff, therefore, was nonsuited. The court said : " We know of no principle upon... | |
| Nevada. Supreme Court - 1869 - 622 pages
...defensible on this ground, and as I believe it was correct in the view taken of the main question — that the action should have been brought in the name of the Board of School Trustees, and not by the State — I can see no objection to the course pursued in... | |
| 1890 - 542 pages
...holding that this action may be properly maintained in the name of the general guardian, others holding that the action should have been brought in the name of the infant, Emily L. Middleton, by a guardian ati iitem, duly appointed. In Thomas v. Dennett, 56 Barb.,... | |
| |