Legal Opinion
Cummings v. . Morris
New York Court of Appeals
Decided December 5, 1862PublishedCited by 51 opinions
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] By statute, every action must now be prosecuted in the name of the real party in interest, except in the few cases of trust and representation excepted by law. (Code, § 111.) The object of this provision was to abolish the distinction between the former practice of courts of common law and chancery, and give full effect at law as well as in equity to assignments of rights in action by permitting and requiring the assignee to sue in his own name. If, as between…
2Cases cited11 opinions
- Phillips v. . GorhamNew York Court of Appeals · 1858
- Van Rensselaer's Executors v. GallupNew York Supreme Court · 1848
- Murray v. Bogert & KneelandNew York Supreme Court · 1817
- Westerlo v. EvertsonNew York Supreme Court · 1828
- Spencer v. BabcockNew York Supreme Court · 1856
6 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Spencer v. Standard Chemicals & Metals Corp.New York Court of Appeals · 1924
- Fairchild Hiller Corp. v. McDonnell Douglas Corp.New York Court of Appeals · 1971
- Chase v. DodgeWisconsin Supreme Court · 1901
- Hanna v. MitchellAppellate Division of the Supreme Court of the State of New York · 1922
- Cosmopolitan Trust Co. v. Leonard Watch Co.Massachusetts Supreme Judicial Court · 1924
46 more not listed; retrieve them via the Exa API.