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" 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 - Page 121
by Sir John Comyns - 1825
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Reports of Cases Argued and Adjudged in the Supreme ..., Volume 1; Volume 14

United States. Supreme Court - 1816 - 576 pages
...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...
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Reports of Cases Argued and Adjudged in the Supreme Court of the United States

United States. Supreme Court, Henry Wheaton - 1816 - 614 pages
...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...
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Reports of Decisions in the Supreme Court of the United States ..., Volume 3

United States. Supreme Court, Benjamin Robbins Curtis - 1855 - 702 pages
...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...
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A Treatise of the Law of Bills of Exchange: Promissory Notes, Bank-notes ...

John Barnard Byles - 1856 - 684 pages
...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...
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A Full and Arranged Digest of the Decisions in Common Law, Equity ..., Volume 1

Richard Peters - 1860 - 836 pages
...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....
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 2

Illinois. Supreme Court - 1841 - 688 pages
...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....
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Digest of the Decisions of the Courts of Common Law and Admiralty ..., Volume 2

Theron Metcalf, Jonathan Cogswell Perkins - 1863 - 874 pages
...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...
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Reports of Decisions in the Supreme Court of the United States ..., Volume 3

United States. Supreme Court, Benjamin Robbins Curtis - 1864 - 698 pages
...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....
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Massachusetts Reports: Cases Argued and Determined in the ..., Volumes 63-64

Massachusetts. Supreme Judicial Court - 1866 - 1338 pages
...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...
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A Treatise of the Law of Bills of Exchange, Promissory Notes, Bank-notes and ...

Sir John Barnard Byles - 1874 - 860 pages
...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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