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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... "
The New York Code of Civil Procedure: Containing All Amendments of 1913 ... - Page 86
by New York (State) - 1913 - 1648 pages
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The New York Code of Civil Procedure, as Amended To, and Including, 1889 ...

New York (State), Charles David Rust - 1889 - 864 pages
...prosecuted in the name of the real partv in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized...express trust, within the meaning of this section. woman appears, prosecutes, or defends, alone or joined with other parties, as if she was single. It...
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The American Law Register, Volume 29; Volume 38

Electronic journals - 1890 - 986 pages
...tiling in action not arising out of contract. " And $29: " An executor or administrator, a trustee of an express trust, or a person expressly authorized...express trust within the meaning of this section." Hence, a person for whose benefit a promise is made being the party beneficially interested, the real...
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Parson's Complete Annotated Pocket Code: The New York Code of Civil ...

New York (State) - Civil procedure - 1891 - 1554 pages
...real parly in Interest, except that an executor or administrator, a trusieu of an express trust, or n person expressly authorized by statute, may sue, without...with whom or in whose name, a contract is made for tin' hem lit, of another, is a trustee of an exiS3 trust, within the iiKaaiii;,' of this section. III.,...
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The Codes and General Laws of Oregon, Volume 1

Oregon - Law - 1892 - 1154 pages
...without joining with him the person for whose benefit the action is prosecuted. A person with 14Or-188> whom, or in whose name a contract is made for the...express trust within the meaning of this section. Construction of section, gen- and it is held that while the classes of erally. — The language here...
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The Insurance Law Journal: Reports of All Decisions ..., Volume 1; Volume 21

Insurance law - 1892 - 1144 pages
...party in interest. Gen. St. 1878, c. 66, § 28, provides that an executor or administrator, a trustee of an express trust, or a person expressly authorized...person for whose benefit the action is prosecuted. But a guardian appointed by the probate court is not a trustee of an express trust, but an officer...
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volume 129

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - Law reports, digests, etc - 1892 - 810 pages
...of the corporators * * * as may be prescribed by law " does uot include "dues" to directors. Id. 6. A person with whom or in whose name a contract is made for the benefit of another, is a trustee of :m express trust, within the meaning of the provision of the ('ode of Civil Procedure (£ 449) which...
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The New York Code of Civil Procedure ... Containing All Amendments to and ...

New York (State), Morris Cooper - Civil procedure - 1893 - 944 pages
...prosecuted in the name of the real part}' in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized...express trust, within the meaning of this section. Rep. 77 ; Id. 843 : 53 Hun, 91. 129 NY 237. 136 NY 655. § 45O. [Am'd 1877, 1879, 18flO.] In an action...
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Annotated Statutes of the State of Indiana: Showing the General Statutes in ...

Indiana, Harrison Burns - Law - 1894 - 1050 pages
...252. (252.) Executors, trustees, etc. — How may sue. — 4. An executor, administrator, a trustee of an express trust, or a person expressly authorized...person for whose benefit the action is prosecuted. A trustee of an express trust, within the meaning of this section, shall be construed to include a person...
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A Treatise Upon the Law of Pleading Under the Codes of Civil Porcedure of ...

Philemon Bliss - Civil procedure - 1894 - 858 pages
...the following language: "An executor or administrator, a trustee of an express trust, or a j(erson expressly authorized by statute, may sue without joining...person for whose benefit the action is prosecuted. A trustee of an express trust, within the meaning of this section, shall he construed to include a person...
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Select Cases on Code Pleading: With Notes

Austin Abbott - Code pleading - 1895 - 760 pages
...prosecuted in the name of 20 the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized...express trust, within the meaning of this section." Under this provision, the Court of Appeals of that state has held that an agent of a corporation, to...
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