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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 Northwestern Reporter, Τόμος 41

1889 - 1248 σελίδες
...city of Duluth. This special legislation may be read in the light of the general statute authorizing a person with whom or in whose name a contract is made for the benefit of another to sue thereon alone as a trustee of an express trust. Chapter 6G, § 28, Gen. St. 1878. It was unnecessary...

The New York Supplement, Τόμος 93

1905 - 1284 σελίδες
...without joining with him the person for whose benoflt the action is prosecuted. A person^ with wlwi or in whose name, a contract Is made for the benefit .of another, Is a trusttv of an express trust, within the meaning of this section." Both Foster and Hazard, however,...

The South Western Reporter, Τόμος 3

1887 - 1030 σελίδες
...can maintain a suit in equity to enforce the landlord's lien in his own name, as "one with whom and in whose name a contract is made for the benefit of another." 2. SAME — JOINING PARTY IN INTEREST. It is not necessary, however, that such a suit should be in...

Case and Comment, Τόμος 14

1907 - 208 σελίδες
...provides that an action may be maintained by a trustee of an express trust, which will include a person in whose name a contract is made for the benefit of another. Ademption. See WILLS. Aliens. The right of an alien husband to take an estate by the curtesy in land...

Reports of Cases Determined in the Supreme Court of the State of ..., Τόμος 71

California. Supreme Court - 1906 - 714 σελίδες
...We think the complaint sufficient, and the action properly brought. A trustee of an express trust is a person with whom, or in whose name, a contract is made for the benefit of another, and he is authorized to sue without joining with him the persons for whose benefit the action is prosecuted....

Reports of Cases Determined in the Supreme Court of the State of ..., Τόμος 60

California. Supreme Court - 1906 - 810 σελίδες
...Society was, to a certain extent, that is, so far as it held the bond for the benefit of others, a trustee of an express trust — "a person with whom or in whose name a contract was made for the benefit of another," (Code Civ. Proc. § 369) ; it might perhaps, have sued...

New York Field Codes 1850-1865

New York (State). Commissioners of the Code, David Dudley Field - 1998 - 3652 σελίδες
...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 is made, for the benefit of another, is a trustee of an express trust within the meaning of this section. Amended Code, § 113. The last...
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