 Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit...  The Northeastern Reporter - Էջ 3861904Ամբողջությամբ դիտվող - Այս գրքի մասին
 | New York (State) - 1867 - 1086 էջ
...14 How. 149 ; Considerant v. Brisbane, 22 NY 389). a. As a trustee of an express trust ///•'// tue without joining with him the person for whose benefit the action is brought, it follows that he may to *"-'«', and that the cestui que trust* are before the court by... | |
 | New York (State), Nathan Howard (Jr.) - 1867 - 966 էջ
...other -mercantile agent, who contracts in his own name, on behalf of his principal, is to be considered a trustee of an express trust, within the meaning of this section, and is the proper party to bring the action upon the contract. 2. Mercantile agents and factors who.... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1868 - 672 էջ
...the argument, was directed to section 113 of the Code, by which it is declared that an executor, &c., may sue without joining with him the person for whose benefit the action is prosecuted. This has no application in the case of an action to obtain the construction of a will and the directions... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1868 - 622 էջ
...express trust," in its general sense; it simply declares that those words, within the meaning of the section, " shall be construed to include a person with whom, or in whose name, a contract is made for the benefit of another." Evidently, this provision was not intended to limit the... | |
 | Ransom Hebbard Tyler - 1868 - 984 էջ
...prosecuted ; arid it is declared that a trustee of an express trust, within the meaning of this prevision, shall be construed to include a person with whom, or in whose name, a contract is made for the benefit of another. (Code of Procedure, §§ 111, 113.) This, of course, would... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1868 - 624 էջ
...executor or administrator, a trustee of au express trust, or a person expressly authorized by statute, to sue without joining with him the person for whose benefit the action is prosecuted. But if these provisions of the code arc to be regarded as qualifying the section cited on the subject... | |
 | California, Theodore Henry Hittell - 1868 - 416 էջ
...may sue withont joining with him the person or persons for whose henefit the action is prosecnted. A trustee of an express trust within the meaning of this section, shall he construed to include a person with whom, or in whose name, a contract is made for the henefit of... | |
 | South Carolina - 1868 - 942 էջ
...express trust, Action by ox- or a person expressly authorized by statute, may sue, without joining tee of an express trust, within the meaning of this Section, shall be con- ADISTO. strued to include a person with whom or in whose name a contract is made for the benefit... | |
 | New York (State). - 1869 - 280 էջ
...113. An executor or administrator, a trustee of an express trust, or a person expressly authori2ed by statute, may sue, without joining with him the...section, shall be construed to include a person with whom of in whose name a contract is made for the benefit of another. § 114. When a married woman is a party... | |
 | North Carolina. Supreme Court - 1873 - 626 էջ
...these words : " An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue without joining with...person for whose benefit the action is prosecuted,'' &c. It cannot be pretended that this case falls within the exceptions mentioned in this section ; and... | |
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