The question upon these pleadings comes to this, whether a nominal plaintiff, suing for the benefit of his assignee, can, by a dismissal of the suit under a collusive agreement with the defendant, create a valid bar against any subsequent suit for the... A Digest of the Laws of England - Էջ 121Sir John Comyns - 1825Ամբողջությամբ դիտվող - Այս գրքի մասին
| United States. Supreme Court - 1816 - 576 էջ
...They are not inserted in the policies used in the United States. (COMMON LAW.) WELCH v. MANDEVILLE. A nominal plaintiff, suing for the benefit of his...collusive agreement with the defendant, create a valid bar airainst any subsequent suit for the same cause of action. ERROR to the circuit court for the district... | |
| United States. Supreme Court, Henry Wheaton - 1816 - 614 էջ
...They are not inserted in the policies used in the United States. (COMMON LAW.) WELCH v. MANDEVILLE. A nominal plaintiff, suing for the benefit of his...collusive agreement with the defendant, create a valid har against any subsequent suit for the same cause of action. ERROR to the circuit court for the district... | |
| United States. Supreme Court, Benjamin Robbins Curtis - 1855 - 702 էջ
...should be given in their favor. Judgment affirmed. 7 H. 595. * WELCH v. MANDEvILLE. [ *233 ] l W. 233. A nominal plaintiff, suing for the benefit of his assignee, cannot, by a dismissal of the suitcf l^/' ' under a collusive agreement with the defendant, create a valid bar against a subsequent... | |
| John Barnard Byles - 1856 - 684 էջ
...decisions with even still greater liberality. In Welch v. Mandeville, 1 Wheat. 233, it was determined that a nominal plaintiff, suing for the benefit of his...agreement with the defendant, create a valid bar against any subsequent suit for the same cause of action. Judge Story said: "Courts of law following in this... | |
| Richard Peters - 1860 - 836 էջ
...4. Assignment of Choses in Action 108. A nominal plaintiff, suing for the benefit of his assignor, cannot, by a dismissal of the suit, under a collusive...agreement with the defendant, create a valid bar against any subsequent suit for the same cause of action. Welch v. Mandeville, 1 Wheat. 233; 3 Cond. Rep. 554.... | |
| Illinois. Supreme Court - 1841 - 688 էջ
...from him, as well as if the suit had been commenced in his name. Corser v. Craig, 1 Wash. CCR 424. A nominal plaintiff, suing for the benefit of his...agreement with the defendant, create a valid bar against any subsequent suit for the same cause of action. Welch v. Maudeville, 1 Wheat. 233 ; 3 Peters' Cond.... | |
| Theron Metcalf, Jonathan Cogswell Perkins - 1863 - 874 էջ
...court. Coulon v. Anthony, 4 Yeates, 34. 142. A nominal plaintiff1, in a suit brought for the bene6t of his assignee, cannot, by a dismissal of the suit...subsequent suit for the same cause of action. Welch v. Mandcrillc, 1 Wheat. 233. 143. If a person has, in the acts of court, asserted himself to be part owner... | |
| United States. Supreme Court, Benjamin Robbins Curtis - 1864 - 698 էջ
...should be given in their favor. Judgment affirmed. 1 H. 595. * WELCH v. MANDEVILLE. [ *233 ] 1 W. 233. A nominal plaintiff, suing for the benefit of his...against a subsequent suit for the same cause of action. ERROR to the circuit court for the District of Columbia, for Alexandria county. Lee, for the plaintiff.... | |
| Massachusetts. Supreme Judicial Court - 1866 - 1338 էջ
...cases of Welch v. Mundeville, 1 Wheat. 233, and Mandeville v. Welch, 5 Wheat. 277, which decide that a nominal plaintiff, suing for the benefit of his...agreement with the defendant, create a valid bar against any subsequent suit for the same cause of action, indicate the Pitts t>. Holmes. apirit which pervades... | |
| Sir John Barnard Byles - 1874 - 860 էջ
...233, it was determined that a nominal plaintiff1, suing for the benefit of his assignee, cannot, by n dismissal of the suit under a collusive agreement with the defendant, create a valid bar against any subsequent suit for the same cause of action. Judge Story said : "Courts of law following in this... | |
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