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Oakley v. Bard

4 Sarat. Ch. Sent. 15 Court Saratoga Ch. Ct. Decision date 1844-04-02 English

Contents

Majority

p. 15
Daniel Oakley et al. v. William B. Bard et al.
M. S. Bidwell, for appellants; M. C. Patterson, for respondents.

Headnote

r , Incapacity of an* ?»Gnt 10 s“e irl

Decided that although a'trustee may in most cases, sustain a ° . bill in this court to recover the trust property, in his own name, yet that a mere agent for the real party in interest cannot bring a suit in his own name to recover the property belonging to his principal; but must sue in the name of such principal. Decree appealed from affirmed with costs.