 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 South Western Reporter - Página 581887Vista completa - Acerca de este libro
 | 1886 - 988 páginas
...sheriff to prosecute the action under that section of the statute which provides that "a person with whom, or in whose name, a contract is made for the benefit of another, or a person expressly authorized by statute, may bring an action without joining with him the person for... | |
 | Albert Venn Dicey - 1886 - 586 páginas
...which g.ound a tenant may always bring trespass. Conf. as to Ejectment, Chapter XXXIIL person with whom, or in whose name, a contract is made for the benefit of another. Harney v. Dutcher, 15 Mo. 93; Gardiner v. Kellogg, 14 Wis. 6o8 ; Wolcott v. Standley, 62 Ind. 199;... | |
 | 1893 - 1164 páginas
...express trust," in section 886 of the General Statutes, shall be construed to include any person with whom, or in whose name, a contract is made for the benefit of another. Sec. 5. If a part interest in a contract obligation be assigned, the assignor (retaining the remaining... | |
 | Morris March Estee - 1886 - 728 páginas
...sue 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." 6 In the case of executors,... | |
 | 1886 - 910 páginas
...satisfaction of the creditors' judgment. Woodruff r. Johnson, 247. 4. TRUSTEE OF EXPRESS TRUST is a person in whose name a contract is made for the benefit of another. Harney v. Dutcher, 131. 6. TRUSTEE OF EXPRESS TRUST MAY PROSECUTE ACTION in behalf of the trust in... | |
 | 1887 - 1096 páginas
...interest might appear, was for intervenor's benefit. Section 2,544 of the Code provides that a party with whom or in whose name a contract is made for the benefit of another may sue in his own name without joining with him the party for whose benefit the suit is prosecuted.... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1887 - 714 páginas
...corporation, to whom, " as executive agent of the company," a promise is made to pay money, is " a person with whom, or in whose name, a contract is made for the benefit of another," and may therefore sue in his own name on the promise. Considerant v. Brisbane, 22 N'. Y. 389. The rule... | |
 | Indiana. Supreme Court, Charles Frederick Remy, George Washington Self, Philip Zoercher, William H. Adams, Mrs. Edward Franklin White, Emma Mary May - 1908 - 874 páginas
...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. It shall not be necessary to make an idiot or lunatic a joint party with his guardian or committee,... | |
 | 1906 - 1076 páginas
...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." Révisai 1905, § 404. Under this section, when a person contracts In his own name but really for the... | |
 | California. District Courts of Appeal - 1917 - 1108 páginas
...complaint sufficient and the action properly brought. A trustee of an express trust is a person with whom or in whose name a contract is made for the benefit of another, and he is authorized to sue without joining with him the persons for whose benefit the action is prosecuted... | |
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