 | Reuben A. Vance - 1871 - 260 páginas
...benefit the action is prosecuted, and that " a trustee of an express trust," shall be construed to mean a person with whom, or in whose name, a contract is made for the benefit of another. It has been held that the committee of an insane person is the trustee of an express trust, within... | |
 | New York (State), William Wait - 1871 - 1034 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. I. ACTIONS BY EXECUTOR OR ADMINISTRATOR. a. Foreign executors. — A foreign executor or administrator... | |
 | California, Creed Haymond, John Chilton Burch, John Hill McKune - 1872 - 886 páginas
...statute, may sue without joining with him tbe ^JJJJ1*, 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. when a 370. (§ 7.) When a married... | |
 | William Wait - 1872 - 950 páginas
...treated separately. The Code provides that a trustee of an express trust shall be construed to include a person with whom, or in whose name, a contract is made for the benefit of another, and that such trustee may sue without joining with him the person for whose benefit the action is prosecuted.... | |
 | United States. Supreme Court - 1872 - 1546 páginas
...express trust within the meaning of this Statement of the case. section, shall be construed to include a person with whom or in whose name a contract is made for the benefit of another." Other sections of the code make provisions which may be referred to. Thus, the 117th enacts thnt: "All... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1872 - 640 páginas
...legislature as to leave no room for doubt or construction. Any person is "a trustee of an express trust" with whom, or in whose name, a contract is made for the benefit of another. The word "contract" is not used in a limited or restricted sense, but it is used and intended to be... | |
 | United States. Congress. House - 1873 - 1052 páginas
...tract, express or implied ; nor, if arising out of contract, unless the assignment be in writing. 2. An executor, administrator, guardian, trustee of an...a contract is made for the benefit of another, or a person authorized by statute, may sue without joining with him the person for whose benefit the action... | |
 | Henry Nichols Blake, Montana. Supreme Court, Cornelius Hedges (Reporter), Horace Riverside Buck (Reporter), Fletcher Maddox (Reporter) - 1873 - 760 páginas
...receiving the undertaking from appellants. A trustee of an express trust is defined to be, in our statute, a person with whom, or in whose name, a contract is made for the benefit of another. See Laws of 1867, 136, § 6. The utmost extent of signification is to be attributed to this term "... | |
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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... 
