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" 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... "
Encyclopedia of Business Law and Forms ... for All the States and Canada ... - Σελίδα 175
των Hugh Mortimer Spalding - 1903 - 702 σελίδες
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The Code of Procedure of the State of New York: As Amended to 1871, with ...

New York (State), William Wait - 1871 - 1034 σελίδες
...prosecuted. A trustee of an express trust, within the meaning of this section, shall be construed to include a person with whom, or in whose name, a contract is made for the benefit of another. I. ACTIONS BY EXECUTOR OR ADMINISTRATOR. a. Foreign executors. — A foreign executor or administrator...

The Physical diagnosis of brain disease

Reuben A. Vance - 1871 - 260 σελίδες
...benefit the action is prosecuted, and that " a trustee of an express trust," shall be construed to mean a person with whom, or in whose name, a contract is made for the benefit of another. It has been held that the committee of an insane person is the trustee of an express trust, within...

Reports of Cases in the Supreme Court of Nebraska, Τόμος 62

Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1902 - 1050 σελίδες
...favor by the prior decisions of this court. Section 32 of the Code of Civil Procedure provides that a person with whom or in whose name a contract is made for the benefit of another may bring an action without joining with him the person for whose benefit it is prosecuted. In Stoll...

The Practice at Law: In Equity, and in Special Proceedings, in All ..., Τόμος 1

William Wait - 1872 - 950 σελίδες
...treated separately. The Code provides that a trustee of an express trust shall be construed to include a person with whom, or in whose name, a contract is made for the benefit of another, and that such trustee may sue without joining with him the person for whose benefit the action is prosecuted....

The Code of Civil Procedure: Of the State of California, Μέρος 3

California, Creed Haymond, John Chilton Burch, John Hill McKune - 1872 - 886 σελίδες
...statute, may sue without joining with him tbe ^JJJJ1*, persons for whose benefit the action is prosecuted. A person with whom, or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section. when a 370. (§ 7.) When a married...

Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Τόμος 80

United States. Supreme Court - 1872 - 1546 σελίδες
...express trust within the meaning of this Statement of the case. section, shall be construed to include a person with whom or in whose name a contract is made for the benefit of another." Other sections of the code make provisions which may be referred to. Thus, the 117th enacts thnt: "All...

Reports of Cases Argued and Determined in the Supreme Court of ..., Τόμος 34

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 - 1872 - 640 σελίδες
...legislature as to leave no room for doubt or construction. Any person is "a trustee of an express trust" with whom, or in whose name, a contract is made for the benefit of another. The word "contract" is not used in a limited or restricted sense, but it is used and intended to be...

Miscellaneous Documents: 30th Congress, 1st Session - 49th Congress ..., Τόμος 1

United States. Congress. House - 1873 - 1052 σελίδες
...tract, express or implied ; nor, if arising out of contract, unless the assignment be in writing. 2. An executor, administrator, guardian, trustee of an...contract is made for the benefit of another, or a person authorized by statute, may sue without joining with him the person for whose benefit the action is...

Reports of Cases Argued and Determined in the Supreme Court of ..., Τόμος 1

Henry Nichols Blake, Montana. Supreme Court, Cornelius Hedges (Reporter), Horace Riverside Buck (Reporter), Fletcher Maddox (Reporter) - 1873 - 760 σελίδες
...receiving the undertaking from appellants. A trustee of an express trust is defined to be, in our statute, a person with whom, or in whose name, a contract is made for the benefit of another. See Laws of 1867, 136, § 6. The utmost extent of signification is to be attributed to this term "...

The Laws of Wisconsin

Wisconsin - 1943 - 1142 σελίδες
...; a trustee of an express trust, within the meaning of this section, shall be construed to include a person with whom or in whose name a contract is made for the benefit of another. No. 657, A.] [Published July 15, 1943. CHAPTER 528. AN ACT to create 40.16 (12) of the statutes, relating...




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