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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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Reports of Cases Heard and Determined by the Supreme Court of ..., Τόμος 100

South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand - 1915
...the defendant here. The Pullman Company, if indeed it is a party to the contract, is merely a person in whose name a contract is made for the benefit of another; and the defendant is that other and is the real party in interest ; and now and here actually claiming...

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

William Wait - 1872
...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

California, Creed Haymond - 1872 - 768 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
...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
...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
...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...

The Laws of Wisconsin

Wisconsin - 1943
...; 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...

The Revised Statutes of the State of South Carolina: Prepared by ...

South Carolina - 1873 - 1063 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. 137. When a married woman is a party, her husband must os ^° n a b5 n *" r '! be joined with...

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

Montana. Supreme Court, Henry Nichols Blake - 1873
...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 "...

Reports of Cases in Law and Equity, Determined in the Supreme ..., Τόμος 33

Iowa. Supreme Court - 1873
...as follows : " An executor or administrator, a guardian, a trustee of an express trust, a party with whom or in whose name a contract is made for the benefit of another, or a party expressly authorized by statute, may sue in his own name, without joining with him the party...




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