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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 Complete Law and Practice in the Probate Courts of Ohio: ... with ... - Seite 1241
von William Mahlon Rockel - 1922 - 2057 Seiten
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Reports of Civil and Criminal Cases Decided by the Court ..., Band 40;Band 147

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1912 - 966 Seiten
...as follows: _- "A personal representative, guardian, curator, committee of a person of unsound mind, trustee of an express trust, a person ;with whom or in whose name a contract is made for the bene£t of another, a receiver appointed by a court, the assignee of a bankrupt, or a: person expressly...
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Reports of Civil and Criminal Cases Decided by the Court of ..., Band 5;Band 68

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1870 - 840 Seiten
..."Every action must be prosecuted in the name of the real party in interest." The 33d section permits the person, with whom or in whose name a contract is made for the benefit of another, to bring an action on the contract without joining the beneficiary; but that does not take the right...
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The New-York Legal Observer, Band 8

Samuel Owen - 1850 - 418 Seiten
...Code, and are proposed to be re-enacted in the same terms—but with this additional to section 599, " 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." The commissioners add a note...
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The Code of Civil Procedure of the State of New York: Reported ..., Band 2

New York (State). - 1850 - 920 Seiten
...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 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...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - 1851 - 266 Seiten
...prosecuted. A trustee nfan express trust, within themeaning 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. §114. When a married woman is a party, her husband^™ moiried women isa 1. When the action concerns...
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Laws of the State of New York, Band 2

New York (State) - 1851 - 1408 Seiten
...of an express interested, 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^ § 1 14. When a married woman is a party, her husband woman i»a must be joined with her, except...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - 1851 - 410 Seiten
...prosecuted. A trustee of an express trust, within the meaning of this section, thall be construed to include a person with whom, or in whose name a contract is made for the bcnrßt of another. The amendment is the insertion at the end, of the words printed above in italic....
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State), Henry Strong McCall - 1851 - 244 Seiten
...<ij an express trust, within interested. the meaning of this section, shall be construed to include a person with whom or in whose name a contract is made for the Amended benefit of another. This section (first clause) is an enactment of the rule respecting parties,...
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Practice Reports in the Supreme Court and Court of Appeals, Band 6

Nathan Howard (Jr.) - 1852 - 546 Seiten
...prosecuted. A trustee of an 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." It was not necessary for the plaintiff, as it would have been before the Code to show that the contract...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 900 Seiten
...extent of signification is attributed to the term " trustee of an express trust ;" and all parties, with whom or in whose name a contract is made for the benefit of another, are expressly declared to be included within it. This amendment is in accordance with the views previously...
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