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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... "
Reports of Cases Argued and Determined in the Supreme Court of Judicature of ... - Page 372
by Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, John Worth Kern, Francis Marion Dice, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1866
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Reports of Civil and Criminal Cases Decided by the ..., Volume 40; Volume 147

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1912 - 966 pages
...the action may be maintained under that clause of section 21, of the Code, which authorizes a suit by a person with whom or in whose name a contract is made for the benefit of another. It is argued that since the contract was made with the city and for the benefit of the gas consumers,...
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Reports of Civil and Criminal Cases Decided by the ..., Volume 5; Volume 68

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1870 - 840 pages
..."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, Volume 8

Samuel Owen - 1850 - 416 pages
...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 ..., Volume 2

New York (State). - 1850 - 920 pages
...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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Laws of the State of New York, Volume 2

New York (State) - 1851 - 1408 pages
...the person for whose KJSiui • benefit the action is prosecuted. A trustee of an express interested, trust, within the meaning of this section, shall be...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 of the State of New York: As Amended by the ...

New York (State). - 1851 - 266 pages
...for whose benefit the ac- without tion is prosecuted. A trustee nfan express trust, within themeaning of this section, shall be construed to include a person...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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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - 1851 - 544 pages
...to security for the costs. § 60. An executor, administrator, guardian, trustee of an express trust, a person with whom, or in whose name, a contract is made for the benefit of another, or a person expressly authorized by statute to do so, may bring an action, without joining with him...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volume 1

Kentucky - 1851 - 548 pages
...to security for the costs. § 60. An executor, administrator, guardian, trustee of an express trust, a person with whom, or in whose name, a contract is made for the benefit of another, or a person expressly authorized by statute to do so, may bring an action, without joining with him...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 6

Nathan Howard (Jr.) - 1852 - 546 pages
...provided in section Erickson agt. Compton. 113, &c. By section 113, "An executor or administrator, a trustee of an express trust, or a person expressly...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 pages
...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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