 | 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 - 1870 - 616 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 au-- other." It will be observed, in this case, that neither paragraph • of the complaint sets up... | |
 | New York (State), William Wait - 1871 - 1034 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. I. ACTIONS BY EXECUTOR OR ADMINISTRATOR. a. Foreign executors. — A foreign executor or administrator... | |
 | 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 - 1871 - 636 Seiten
...the rule, amongst which is a trustee of an express trust, who is authorized to sue in his own name without joining with him the person for whose benefit the action is prosecuted. The present practice is substantially the same as the chancery practice, and regards the substantial... | |
 | Reuben A. Vance - 1871 - 260 Seiten
...prosecuted, and that " a trustee of an express trust," shall be construed to mean a person with whom, or in whose name, a contract is made for the benefit of another. It has been held that the committee of an insane person is the trustee of an express trust, within... | |
 | Wilber Mercantile Agency - 1872 - 894 Seiten
...of the real party In Interest, except that an executor, administrator, a trustee of an expreu trust, or a person expressly authorized by statute, may sue,...person for whose benefit the action Is prosecuted. The distinction In practice and pleading between actions at law and suits In equity Is abolished. There... | |
 | California - 1872 - 774 Seiten
...Cal. 260; 14 Cal. 94, 450. $ 360. (} 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 idiom, or in whose name, a contract... | |
 | Austin Abbott - 1872 - 576 Seiten
...represents ; otherwise the right given by the Code (§113), allowing the trustee of an express trust to sue without joining with him the person for whose benefit the action is prosecuted, would be meaningless. If the plaintiff sought the benefit of what Roberts accomplished in that action,... | |
 | United States. Supreme Court - 1872 - 1546 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." Doubtless the object of these provisions was to change the common-law rule that an action must be brought... | |
| |
... 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... 
