by John Marshall

“ If the proprietors of one prize ticket had an interest in this bond, the proprietors of every other prize ticket had the same interest; and it could not be in the power of the first bold adventurer who should seize and sue upon it, to appropriate it to his own use, and to force the obligees to appear in Court as plaintiffs against their own will. No person who is not the proprietor of an obligation, can have a legal right to put it in suit, unless such right be given by the Legislature ”

“ We think, then, that this case is no authority for the power claimed by the proprietors of ticket No. 1,037; and we think, upon general principles, they had no right to institute this suit without the consent of the corporation.
But, we think also, that the corporation itself must be considered as the real plaintiff, and that its right to prosecute the suit cannot be affected by the allegation that it is brought for the benefit of others. ”

“ The declaration of the Judge in the case cited from Harris & Johnson, that a Court of Chancery might injoin the obligees to allow the injured person to use their names in that particular case, is evidence of the opinion, that he could not sue at his own will. ”