 | District of Columbia - 1857 - 788 Seiten
...due. SEC. 5. An executor, administrator, guardian, trustee of an express trust, a person with whom or in whose name a contract is made for the benefit...another, or a person expressly authorized by statute, may bring an action without joining with him the person for whose benefit it is prosecuted. It shall not... | |
 | William H. R. Wood - 1857 - 834 Seiten
...express trust within the meaning of this section, shall be construed to include a person, with whom, ̂m 0 v VL> C rNc l48 i O t0 p [Am. May 15, 1854 ; RS St. 1851, 52 ; St. 1850, 428; CL 520. ART. 742, Sec. 7. When a married woman... | |
 | 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 - 1858 - 666 Seiten
...provision of the next section is as follows : " An executor, administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue,...person for whose benefit the action is prosecuted." Is the assignee of a promissory note, who may hold it as . such, without any real interest, one of... | |
 | California - 1858 - 320 Seiten
...of New York, 5 Selden, 211. 6. [1854.] An executor or administrator, or trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him the person or persons for whose benefit the action is prosecuted. A trustee of an express trust within the meaning... | |
 | George Van Santvoord - 1858 - 736 Seiten
...section 113 Code, it is declared that a trustee of an express trust shall " include a person with whom, or in whose name, a contract is made for the benefit of another." In cases of this kind, it would seem that the real party in interest might also maintain the suit.... | |
 | California, Henry Jacob Labatt - 1858 - 586 Seiten
...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... | |
 | Kansas - 1859 - 726 Seiten
...executor, administrator, guardian, trustee of an gnardianl or Hotio«m express trust, a person with whom, or in whose name, a contract is made for the benefit...another, or a person expressly authorized by statute, may bring an action without joining with him, the person for whose benefit it is prosecuted. Officers may... | |
 | Benjamin Vaughan Abbott - 1859 - 580 Seiten
...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... | |
 | New York (State). Superior Court (New York), Joseph S. Bosworth - 1859 - 756 Seiten
...the code referred to ; and in such case, the code provides that the trustee may sue in his own name, without joining with him the person for whose benefit the action is prosecuted. It is suggested that, a payment or delivery of the notes directly to Jacobsohn would satisfy the agreement,... | |
 | California - 1860 - 388 Seiten
...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... | |
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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... 
