 | New Jersey. Court of Chancery - 1871 - 670 страници
...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... | |
 | New York (State), William Wait - 1871 - 1034 страници
...prosecutes the action is not the real party in interest, nor is he an executor or administrator, or a trustee of an express trust, or a person expressly authorized by statute to кие, without joining with him the person for whose benefit the suit is prosecuted;" held bad,... | |
 | 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 страници
...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... | |
 | 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 - 640 страници
...authorize the assignment of a thing in action not arising out of contract." " SEC. 4. An executor, administrator, a trustee of an express trust, or a...trustee of an express trust, within the meaning of this seetion, shall be construed to include a person with -whom, or in whose name, a contraet is made for... | |
 | United States. Supreme Court - 1872 - 1546 страници
...interest, except as otherwise provided in section 118." The exception of this 113th section is that: " An executor or administrator, a trustee of an express...person for whose benefit the action is prosecuted." And by the same section: "A trustee of an express trust within the meaning of this Statement of the... | |
 | Wilber Mercantile Agency - 1872 - 894 страници
...name of the real party In Interest, except that an executor, administrator, a trustee of an expreu trust, or a person expressly authorized by statute,...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 страници
...525. Promissory notée: 8 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... | |
 | William Wait - 1872 - 950 страници
...every action shall be prosecuted in the name of the real party in interest, except actions brought by an executor or administrator, a trustee of an express...trust, or a person expressly authorized by statute to sue ; in which actions, it is unnecessary to join as plaintiff, the person for whose benefit the... | |
 | Austin Abbott - 1872 - 576 страници
...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,... | |
 | California - 1872 - 892 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. NOTE.— Stats. 1854, p. 84. 1. AN EXECUTOK OR ADMINISTRATOR MAT suit in his own name as executor or... | |
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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... 
