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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... "
The Pacific Reporter - Σελίδα 354
1916
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The Statutes of the Territory of Kansas

Kansas - 1858 - 482 σελίδες
...consideration, before fondue. due. SEC. 27. That an executor, administrator, guardian, trustees Execute™, of an express trust, a person with whom, or in whose name, a Agents? o?porcontract is made for the benefit of another, or a person expressly ednbyaista°"t^ authorized...

Reports of Practice Cases, Determined in the Courts of the State of ..., Τόμος 7

Benjamin Vaughan Abbott - 1859 - 580 σελίδες
...that if the plaintiff clatm the right to maintain the action as " trustee of an express trust," or " a person with whom or in whose name a contract is made for the benefit of another" (Code, § 113), he should sue in that character ; and that even then it must appear that he holds the...

The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California - 1860 - 388 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. 1 . An attorney in fact does not hold the character of trustee, and is not a necessary party to a suit...

Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin, Τόμος 12

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - 1861 - 774 σελίδες
...and a trustee of an express trust, 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. Now since the complaint alleges that the stock subscription of the defendant was transferred and assigned...

Statutes at Large of the State of New York: Comprising the Revised ..., Τόμος 5

New York (State) - 1863 - 1026 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. As amended by Laws of 1851, ch. 479. 22 NY, 392, 562; 11 NY, 391; 9 NY, 179, 212; 25 B., 396; 23 B.,...

The Civil Practice Act of the State of California: As Amended, with Notes ...

California - 1863 - 756 σελίδες
...mere naked agent, having no interest and no liability in resjKM't to the contract, is not to be deemed "a person with whom, or in whose name, a contract is made for the benefit of another." Where the agreement is in writing, it must appear that the agent is himself a party to the contract,...

Laws of the Territory of Idaho

Idaho - 1864 - 734 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. SEC. 7. When a married woman is a party, her husband shall be joined with her; except, that when the...

Laws of the Territory of Idaho

Idaho (Ter.) - 1864 - 762 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. SEC. 7. When a married woman is a party, her husband shall be joined with her; except, that when the...

A Digest of New York Statutes and Reports: From the Earliest Period ..., Τόμος 4

Benjamin Vaughan Abbott, Austin Abbott - 1864 - 810 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. Code of Pro. , § 118458. Mercantile factors or agents doing business for others, but in their own...

The Code of Procedure of the State of New York, as Amended to 1864: With ...

John Townshend - 1864 - 320 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. § 114. [94.] (Am'd 1851, 1857.) Action by and against a married woman. When a married woman is a party,...




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