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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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Remedies and Remedial Rights by the Civil Action, According to the Reformed ...

John Norton Pomeroy - 1876 - 908 σελίδες
...of the statutory provision, which differ, however, very slightly. The first is : u An executor, an 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...

The Code of Civil Procedure of the State of California: As Adopted in 1872 ...

California - 1876 - 888 σελίδες
...525. Promissory notes : 8 Cal. 260 ; 14 Cal. 94, 450. $ 309. (} 6.) An executor or administrator, or trustee of an express trust, or a person expressly...authorized by statute, may sue without joining with him the persons for whose benefit the action is prosecuted. A person with whom, or in whose name, a contract...

The Codes and Statutes of the State of California, Τόμος 2

California, Theodore Henry Hittell - 1876 - 986 σελίδες
...may sue without joining persons beneficially interested. SEC. 369. An executor or administrator, or trustee of an express trust, or a person expressly...authorized by statute, may sue without joining with him the persons for whose benefit the action is prosecuted. A person with whom, or in whose name, a contract...

A Treatise on the Law of Promissory Notes and Bills of Exchange, Τόμος 2

Theophilus Parsons - 1876 - 856 σελίδες
...party ¡n interest, except that an executor or administrator, a trustee of an express trust, or а person expressly authorized by statute, may sue, without joining with him the person for whose beneh't the action is prosecuted. This is so ¡n New York, Code, §§111 and 113, 2 RS, 4th ed.. p....

Reports of Practice Cases, Determined in the Courts of the State of ..., Τόμος 4

Austin Abbott - 1857 - 608 σελίδες
...question, section 113 authorizes the commencement of a suit by a person expressly authorized by statute without joining with him the person for whose benefit the action is prosecuted, thus vesting in the Mayor, &c., the right to sue, if, without that excepting clause, it might be doubtful...

Remedies and Remedial Rights by the Civil Action, According to the Reformed ...

John Norton Pomeroy - 1876 - 924 σελίδες
...first referred to, which provide for suits being brought by the real party in interest, and also by "a trustee of an express trust or a person expressly authorized by statute to sue," Hanna J., who delivered the opinion of the court, proceeds as follows : " Is the assignee...

Laws of the State of New York, Τόμος 2

New York (State) - 1877 - 572 σελίδες
...Party m 8 449. EveiT action must be prosecuted in the name of interest J to sue. Trustee, etc., ma;, '' expressly authorized by statute, may sue, without...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...

Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - 1877 - 956 σελίδες
...in good faith, and upon goixl consideration before due. LAWS OF MONTANA TERRITORY. for whose Iwnefit the action is prosecuted. A trustee of an express trust, within the meaning of this section, shall l>e construed to include a person with whom or in whose name a contract is made for the benefit...

Reports of Decisions of the Supreme Court of the State of Nevada, Τόμοι 1-2

Nevada. Supreme Court - 1877 - 1026 σελίδες
...position of a trustee for them, and tho statute expressly provides that "An executor or administrator, trustee of an express trust or a person expressly authorized by statute, may sue vrithoitt joining ivitli him (he person or persons for whose benefit the action is prosecuted." (Stat....

Reports of Cases Determined in the Supreme Court of the Territory ..., Τόμος 26

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1904 - 598 σελίδες
...: " In In re Estate of Van Alstine. an action prosecuted or defended by an executor, administrator, trustee of an express trust, or a person expressly authorized by statute, costs may be recovered as in actions by and against a person prosecuting or defending in his own right;...




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