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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 102
по New York (State) - 1867 - 1063 страници
Пълен достъп - Информация за книгата

New Cases Selected Chiefly from Decisions of the Courts of the State ..., Том 4

Austin Abbott - 1879 - 664 страници
...111), except as provided in section 113. This section provides, that an executor or administrator, or. a trustee of an express trust, or a person expressly...person for whose benefit the action is prosecuted. But the plaintiff stands in no such relation. "Section 119 provides, that those who are united in interest...

The Code of Civil Procedure of the State of New York: Being Chapter 448 of ...

1879 - 456 страници
...real party ^J,,^ in interest, except that an executor or administrator, a trustee of an »uetra-ue, express trust, or a person expressly authorized by...person 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...

The Code of Civil Procedure of the State of New York, Being Chapter 448 of ...

New York (State) - 1879 - 436 страници
...party £,"%„'" to in interest, except that an executor or administrator, a trustee of an sue trustee, express trust, or a person expressly authorized by...person 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...

Howard's Practice Reports in the Supreme Court and Court of Appeals ..., Том 56

Nathan Howard (Jr.), Rowland M. Stover - 1879 - 728 страници
...party jointly liable on contract, not retrospective, 225 Section 449 — what constitutes a person a trustee of an express trust within the meaning of this section 228 Section 822 — what is such inexcusable neglect to proceed in cause, which will entitle a party...

Constitution, Members, Proceedings, Papers and Addresses, Том 4

Vermont Bar Association - 1895 - 462 страници
...assignment; but this section shall not apply to a negotiable promissory note or bill of exchange. SEC. 93. 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. TITLE V. OF THE MANNER OF COMMENCING CIVIL ACTIONS,...

Reports of Cases Determined in the District Courts of Appeal of the ..., Том 35

1918 - 936 страници
...this power is expressly conferred by section 369 of the Code of Civil Procedure, which states that a person expressly authorized by statute may sue without...person for whose benefit the action is prosecuted. The point urged by armcus cu-riae to the effect that the act is in the nature of a bill of attainder...

Reports of Cases Determined in the Courts of Appeal of the State of ..., Том 35

1918 - 932 страници
...this power is expressly conferred by section 369 of the Code of Civil Procedure, which states that a person expressly authorized by statute may sue without...person for whose benefit the action is prosecuted. The point urged by amicus curiae to the effect that the act is in the nature of a bill of attainder...

Reports of Cases Determined in the Courts of Appeal of the State of ..., Том 32

1917 - 936 страници
...to the suit. (Code Civ. Proc., sec. 369.) Said section provides: "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 whom, or in whose name, a contract...

Reports of Cases Determined in the Courts of Appeal of the State of ..., Том 66

1925 - 948 страници
...purpose of maintaining the action. There was no necessity of joining the wife as a party plaintiff. "A person expressly authorized by statute, may sue without joining with him the persons for whose benefit the action is prosecuted." (Code Civ. Proc., sec. 369.) The petition is denied....

Proceedings ..., Том 35

New York State Bar Association - 1912 - 1128 страници
...action. 2. Every action is required to be prosecuted in the name of the real parties in interest. But an executor or administrator, a trustee of an express trust, or a person expressly authorized by a statute, may sue in his own name without joining with him the person for whose benefit the suit is...




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