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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, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit... "
The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ... - Σελίδα 73
των New York (State), Member of the New York Bar - 1851 - 394 σελίδες
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Acts, Resolutions and Memorials, of the Territory of Montana, Passed by the ...

Montana - 1866
...transferred in good faith and upon good consideration, before due. SEC. 6. An executor or administrator, trustee of an express trust, or a person expressly...statute, may sue without joining with him the person or persons for whose benefit the action is prosecuted. SEC. 7. When a married woman is a party, her...

The Code of Procedure of the State of New York, Unabridged: Including All ...

New York (State), Nathan Howard (Jr.) - 1867 - 944 σελίδες
...amendment reads ae above. 2. Q. Row did tliis section read in. 18481 A. As follows: § 93. [1848.] An executor or administrator, a trustee of an express...by statute, may sue, without joining with him the persons for whose benefit the suit is prosecuted. Questions. 3. Q. "VTkm it a factor or mercantile...

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

New York (State). Court of Appeals - 1867
...or administrator or trustee of an express trust, and plaintiff is not authorized by any statute to sue, without joining with him the person for whose benefit the action is prosecuted. 3d. That the check was given to pay a debt claimed to be duo from Ulman to Lumley, but that in tact...

Practice Reports in the Supreme Court and Court of Appeals, Τόμος 32

Nathan Howard (Jr.), New York (State). Supreme Court - 1867
...to that amendment. (d) Section 113 provides that a trustee of an express trust may sue as plaintiff, without joining with him the person for whose benefit the action is prosecuted. An assignee for the general benefit of creditors, is a trustee of an express trust (Cunningham agt....

The Code of Procedure of the State of New York, as Amended to 1866, with ...

New York (State) - 1867 - 1063 σελίδες
...the plaintiff is not the real party in interest therein, nor is he an executor or administrator, or a trustee of an express trust, or a person expressly authorized by statute to sue without joining with him the person for whose benefit the suit is prosecuted,— was on demurrer...

The Code of Procedure of the State of New York, as Amended to 1867: With the ...

John Townshend - 1867 - 292 σελίδες
...and upon good consideration, before due. § 113. [93.] (Am'd 1851.) Action by executor, trustee, &c. An executor or administrator, a trustee of an express trust, or a him the person for whose benefit the action is prosecuted. A trustee of an express trust, within the...

Reports of Cases Argued and Determined in the Supreme Court of ..., Τόμος 28

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
...action must be prosecuted in the name of the real party in interest, except," that, " an executor, administrator, a trustee of an express trust, or a...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...

Commentaries on the Law of Infancy: Including Guardianship and ..., Μέρος 1

Ransom Hebbard Tyler - 1868 - 970 σελίδες
...every action must be prosecuted in the name • of the real party in interest, except in the cases of an executor or administrator, a trustee of an express...trust, or a person expressly authorized by statute, a suit may be brought without joining the person for whose benefit the action is prosecuted ; arid...

Reports of Cases Decided in the Court of Appeals of the State of ..., Τόμος 27

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
...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...

Reports of Cases Argued and Determined in the Supreme Court of ..., Τόμος 27

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
...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...




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