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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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Laws of the Territory of Idaho

Idaho (Ter.) - 1881 - 588 σελίδες
...with him the persons^,, 1 '^,^; for whose benefit the action is prosecuted. A person clall >" l »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. SEC. 185. When a married woman...

A Treatise on Bills of Exchange: Promissory Notes, Coupon Bonds and ..., Τόμος 2

Isaac Edwards - 1882 - 560 σελίδες
...statute, may sue, without joining with him the person 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.' Mercantile agents and factors, who, according to the usage and custom...

Reports of Cases in Law and Equity, Determined in the Supreme ..., Τόμος 58

Iowa. Supreme Court - 1883 - 830 σελίδες
...follows: "An executor or administrator, a guardian, a trustee of an express trust, a party with whom, in whose name, a contract is made for the benefit of another, or party expressly authorized by statute, may sue in his ow_n name, without joining with him the party...

The Pacific Reporter, Τόμος 154

1916 - 1232 σελίδες
...Ann. Cas. 255 ; 2 Wilson's Rec. & Ann. St. 1903, § 4226 (Сотр. Laws 1909, § 5560), provides: 'An executor, administrator, guardian, trustee of...without joining with him the person for whose benefit it is prosecuted. Officers may sue and be sued in such name as is authorized by law, and official bonds...

The Pacific Reporter, Τόμος 51

1898 - 1134 σελίδες
...prejudice against or sympathy for them. Moreover, section -S of the Code of Civil Procedure declares: "An executor, administrator, guardian, trustee of...with whom or In whose name a contract is made for the bcnelit of another, or a person expressly authorized by statute, may bring an action without joining...

Laws of the Territory of Utah Passed by the Legislative Assembly, Τόμος 26

Utah - 1884 - 666 σελίδες
...prosecuted. A trustee of an express trust, within the meaning of this section, must be construed to include a person with whom, or in whose name, a contract is made for the benefit of another. SEC. 227. When a married woman is a party, her husband must be joined with her, except: 1. When the...

The Insurance Law Journal, Τόμος 1

1872 - 764 σελίδες
...113 of the code declares that the term "trustee of an express trust." as therein used, shall include a person with whom or in whose name a contract is made for the benefit of another, and permits an action on the contract to be brought in the name of the trustee. So this action is properly...

Reports of Cases Decided in the Supreme Court of the State of Indiana, Τόμος 168

Indiana. Supreme Court, Charles Frederick Remy, George Washington Self, Philip Zoercher, William H. Adams, Mrs. Edward Franklin White, Emma Mary May - 1908 - 874 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. It shall not be necessary to make an idiot or lunatic a joint party with his guardian or committee,...

Atlantic Reporter, Τόμος 26

1893 - 1274 σελίδες
..."trustee of an expresa trust," in section 886 of the General Statutes, shall be construed to include any person with whom, or in whose name, a contract is made for the benelit of another. Sec. 5. If a part interest in a contract obligation be assigned, the assignor (retaining...

The Southeastern Reporter, Τόμος 54

1906 - 1076 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." Révisai 1905, § 404. Under this section, when a person contracts In his own name but really for the...




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