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 372by 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 - 1866Full view - About this book
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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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