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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 benefit... "
The Code of Procedure of the State of New York, as Amended to 1866, with ... - Страница 90
по New York (State) - 1867 - 1063 страници
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Reports of Cases Decided in the Court of Chancery of the State of ..., Том 21

New Jersey. Court of Chancery - 1871
...except as otherwise provided in section 113." Section 113 provides that an executor, administrator, or trustee of an express trust, or a person expressly authorized by statute may sue without joining the person for whose benefit the suit is prosecuted. Who are the real parties in interest within the...

First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848
...be enforced by attachment. § 80. In an action prosecuted or defended by an executor, administrator, trustee of an express trust, or a person expressly authorized by statute, costs shall be recovered, as in an action by and against a person prosecuting or defending in his own...

Merchants' Magazine and Commercial Review, Том 21

1849
...real party in interest, (choses in action are now assignable,) except in the following cases : — An executor or administrator, a trustee of an express...a person expressly authorized by statute, may sue in their own names, without joining the parties for whose benefit the suit is instituted. In case of...

Stryker's American Register and Magazine, Том 3

1849
...real party in interest, except that an executor, administrator, or trustee of an express trust, or person expressly authorized by statute, may sue without...joining with him the person for whose benefit the suit was instituted. This, it will be seen, sweeps away the whole doctrine respecting assignments of...

The New-York Legal Observer, Том 8

Samuel Owen - 1850
...however, excepts from its operation the cases enumerated in section 113, which reads as follows : " An executor or administrator, a trustee of an express...authorized by statute, may sue without joining with him the persons for whose benefit the suit is prosecuted." It has been generally supposed that the words "...

The Code of Civil Procedure of the State of New York: Reported Complete by ...

New York (State). Commissioners on Practice and Pleadings - 1850 - 791 страници
...exchange, transferred in good faith, and upon good consideration, before due. Amended Code, $ 112. § 599. An executor or administrator, a trustee of an express trust, or a person expressly authorised by statute, may sue without joining with him the persons for whose benefit the action is...

The Code of Civil Procedure of the State of New York: Reported Complete by ...

New York (State). Commissioners on Practice and Pleadings - 1850 - 791 страници
...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 sentence is added toremove a doubt which has been expressed. § 600....

The Law Magazine, Or, Quarterly Review of Jurisprudence

1851
...S.114. When a married woman is a party, her husband may be joined with her, except that— " S. 113. An executor or administrator, a trustee of an express...authorized by statute, may sue without joining with him the persons for whose benefit the suit is prosecuted. "1. When the action concerns her separate property,...

Laws of the State of New York

New York (State) - 1851
...not be deemed to authorise the assignment of a thing IB action not arising out of contract. §113. An executor or administrator, a trustee of an express...trust, or a person expressly authorized by statute, maJ sue) without joining with him the person for whose KJSiui • benefit the action is prosecuted....

Practice Reports in the Supreme Court and Court of Appeals, Том 5

Nathan Howard, New York (State). Supreme Court - 1851
...the name of the real party in interest, except in case of an action by an executor, administrator or trustee of an express trust, or a person expressly authorized by statute, without joining the person for whose benefit the suit Wallace and La Tourette agt. Eaton and others....




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