 | New Jersey. Court of Chancery - Law reports, digests, etc - 1871 - 652 pages
...the real party in interest, except as otherwise provided in section 113." Section 113 provides that an executor, administrator, or trustee of an express...trust, or a person expressly authorized by statute may sue without joining the person for whose benefit the suit is prosecuted. Who are the real parties... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...suit by the assignee, in case of the death of the assignor. § 93. An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him tho persons for whoso benefit the suit is prosecuted. § 94. When... | |
 | Commerce - 1849 - 716 pages
...in action are now assignable,) except in the following cases : — An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue in their own names, without joining the parties for whose benefit the suit is instituted. In... | |
 | New York (State). - Civil procedure - 1850 - 920 pages
...costs to the defendant. § 881. In an action prosecuted or defended by an executor, administrator, trustee of an express trust, or a person expressly authorized by statute, costs may be recovered, as in an action by and against a person prosecuting or defending in his own... | |
 | Samuel Owen - Law - 1850 - 416 pages
...operation the cases enumerated in section 113, which reads as follows : " An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him the persons for whose benefit the suit is prosecuted." It has been... | |
 | New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...by attachment. § 317. (Amended.) — Costs in an action by or against an executor or administrator, trustee of an express trust, or a person expressly authorized by statute to sue. — In an action prosecuted or defended by an executor, administrator, trustee of an express... | |
 | Law - 1851 - 520 pages
...party, her husband may be joined with her, except that— " S. 113. An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him the persons for whose benefit the suit is prosecuted. "1. When the... | |
 | New York (State), Henry Strong McCall - Civil procedure - 1851 - 244 pages
...Costs against infant plaintiff, 128 317. Costs in an action by or against an executor or administrator, trustee of an express trust, or a person expressly authorized by statute to sue, 128 318. Costs on review of a decision of an inferior court, in a special proceeding, 129 319,320.... | |
 | Robert Henley Eden Baron Henley - Forms (Law) - 1852 - 680 pages
...courts of equity. See Code of 1851, sees. Ill, 113, 118, 119, 122, 274. The lllth section of the code provides that the action shall be prosecuted in the...trustee of an express trust, or a person expressly nuthorb.ed by statute, without joining the person for whoso benefit the suit is prosecuted. With these... | |
 | New York (State) - Civil procedure - 1852 - 606 pages
...motion, 353. against an infant plaintiff, 355. in action by or against an executor, or administrator, trustee of an express trust, or a person expressly authorized by statute to sue, 355. rn claim against a deceased person, referred pursuant to the provisions of the revised... | |
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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. 
