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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, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit... "
Reports of Cases in Law and Equity in the Supreme Court of the State of New York - Page 481
by Oliver Lorenzo Barbour - 1889
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 21

New Jersey. Court of Chancery - Law reports, digests, etc - 1871 - 652 pages
...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...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...1835, ch. 19*,) providing for a 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...
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Merchants' Magazine and Commercial Review, Volume 21

Commerce - 1849 - 716 pages
...real party in interest, (choses 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...
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The New-York Legal Observer, Volume 8

Samuel Owen - Law - 1850 - 416 pages
...however, excepts from its 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...
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...when tender has been made, 374 851, Costs in nn action by or against an executor or administrator, trustee of an express trust, or a person expressly authorized by statute to sue, 375 882. Costs on a review of a decision of an inferior court, in a special proceeding, - - 375 883....
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

New York (State). - Civil procedure - 1850 - 920 pages
...exchange, transferred in good faith, and upon good consideration, before due. Amended Code, $ 112. § 599. An executor or administrator, a trustee of an express trust, or a person expressly authorised by statute, may sue without joining with him the persons for whose benefit the action is...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...SCR 23See note to section 293, of this code. § 113.[93.] (Amended.) — Actions en autre droit. — An executor or administrator, a trustee of an express...trust, or a person expressly authorized by statute, may sue, without joining with him, the person for whose benefit the action is prosecuted. A trustee...
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Laws of the State of New York, Volume 2

New York (State) - Session laws - 1851 - 1408 pages
...not be deemed to authorise the assignment of a thing IB action not arising out of contract. §113. An executor or administrator, a trustee of an express...trust, or a person expressly authorized by statute, maJ sue) without joining with him the person for whose KJSiui • benefit the action is prosecuted....
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14; Volume 45

Law - 1851 - 520 pages
...S.114. When a married woman is a 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...
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The Code of Procedure of the State of New York: As Amended by 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....
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