 | George Van Santvoord - 1858 - 736 páginas
...on said day 1 By section 113 Code, it is declared that a trustee of an express trust shall " include a person with whom, or in whose name, a contract is made for the benefit of another." In cases of this kind, it would seem that the real party in interest might also maintain the suit.... | |
 | Kansas - 1859 - 728 páginas
...HOW «zecui«r», SEC. 34. An executor, administrator, guardian, trustee of an gnardianl or Hotio«m 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, may bring an action without joining with him, the person... | |
 | Benjamin Vaughan Abbott - 1859 - 580 páginas
...that if the plaintiff clatm the right to maintain the action as " trustee of an express trust," or " a person with whom or in whose name a contract is made for the benefit of another" (Code, § 113), he should sue in that character ; and that even then it must appear that he holds the... | |
 | California - 1860 - 388 páginas
...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. 1 . An attorney in fact does not hold the character of trustee, and is not a necessary party to a suit... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - 1861 - 774 páginas
...and a trustee of an express trust, within the meaning of the section, shall be construed to include a person with whom, or in whose name, a contract is made for the benefit of another. Now since the complaint alleges that the stock subscription of the defendant was transferred and assigned... | |
 | North Dakota - 1862 - 640 páginas
...consideration, before due. SECT. 24. An executor, administrator, guardian, trustee of sccEtx^,ptions to an express trust, a person with whom, or in whose...a contract is made for the benefit of another, or a person expressly authorized by statute, may bring an action without joining with him the person for... | |
 | California - 1863 - 774 páginas
...mere naked agent, having no interest and no liability in resjKM't to the contract, is not to be deemed "a person with whom, or in whose name, a contract is made for the benefit of another." Where the agreement is in writing, it must appear that the agent is himself a party to the contract,... | |
 | New York (State) - 1863 - 1026 páginas
...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. As amended by Laws of 1851, ch. 479. 22 NY, 392, 562; 11 NY, 391; 9 NY, 179, 212; 25 B., 396; 23 B.,... | |
 | Idaho - 1864 - 734 páginas
...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. SEC. 7. When a married woman is a party, her husband shall be joined with her; except, that when the... | |
 | Benjamin Vaughan Abbott, Austin Abbott - 1864 - 810 páginas
...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. Code of Pro. , § 118458. Mercantile factors or agents doing business for others, but in their own... | |
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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... 
