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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... "
Practice Reports in the Supreme Court and Court of Appeals - Page 362
by Nathan Howard (Jr.) - 1870
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Remedies and Remedial Rights by the Civil Action, According to the Reformed ...

John Norton Pomeroy - Actions and defenses - 1876 - 908 pages
...without description, or in his own name expressly, in trust for, or on behalf of, or for the benefit of, another, by whatever form of expression such trust...contract is made for the benefit of another." These definitions and descriptions of the term fully sustain the conclusions reached iu the preceding paragraph...
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Remedies and Remedial Rights by the Civil Action, According to the Reformed ...

John Norton Pomeroy - Actions and defenses - 1876 - 924 pages
...without description, or in his own name expressly, in trust for, or on behalf of, or for the benefit of, another, by whatever form of expression such trust...whose name, a contract is made for the benefit of anothev." These definitions and descriptions of the term fully sustain the conclusions reached in the...
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The Code of Civil Procedure of the State of California: As Adopted in 1872 ...

California - Civil procedure - 1876 - 888 pages
...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. Executor or administrator: HOI....
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The Code of Procedure of the State of New York, with Art. VI of the ...

New York (State). - Civil procedure - 1876 - 498 pages
...express trust, within the meauing of this section, shall be construed to Inclnde a person with whom or in whose name a contract is made for the benefit of another. 5 114. When a married woman is a party her husband must be joined with her, except that : 1. When the...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volume 5

Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - Law reports, digests, etc - 1876 - 620 pages
...except that " a trustee of an express trust" may sue in his own name, and that " a person with whom and 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 court held that the note...
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The Codes and Statutes of the State of California, Volume 2

California, Theodore Henry Hittell - Law - 1876 - 986 pages
...without joining with him the persons for whose benefit the action is prosecuted. A person with whom, or ny trial, proceeding, or inquiry, is a trustee of an express trust, within the meaning of this section. 10.370. Married woman as party...
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Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - Law - 1877 - 956 pages
...express trust, within the meaning of this section, shall l>e construed to include a person with whom or in whose name a contract is made for the benefit of another. SET:. 7. When a married woman is a party her husband must join with her, except — ftnt. When the...
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The Code of Civil Procedure of the State of New York: Enacted 1876 and ...

New York (State), William Wait - Civil procedure - 1877 - 662 pages
...without joining with him the person 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. Code Pro., part of § 111, together...
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The Code of Civil Procedure of North Carolina: With Notes and Decisions

North Carolina, Albion W. Tourgée - Civil procedure - 1878 - 484 pages
...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. A guardian may sue for the benefit of his wards without joining the wards as parties. Hankin v. Allison,...
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Estee's Pleadings, Practice and Forms: In Actions Both Legal and ..., Volume 1

Morris March Estee - Civil procedure - 1878 - 648 pages
...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 :" see, also, NY Code, sec. 113;...
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