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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 South Western Reporter - Página 60
1887
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A Treatise on the Rules for the Selection of the Parties to an Action

Albert Venn Dicey - 1886 - 559 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;...
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Atlantic Reporter, Volumen26

1893
...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...
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Estee's Pleadings, Practice, and Forms: Adapted to Actions and ..., Volumen1

Morris March Estee - 1886
...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,...
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The American Decisions: Containing All the Cases of General Value ..., Volumen55

1886
...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...
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The Insurance Law Journal, Volumen16

1887
...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....
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volumen121

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1887
...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...
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Reports of Cases Decided in the Supreme Court of the State of ..., Volumen168

Indiana. Supreme Court, Charles Frederick Remy, George Washington Self, Philip Zoercher, William H. Adams, Mrs. Edward Franklin White, Emma Mary May - 1908
...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,...
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The Southeastern Reporter, Volumen54

1906
...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...
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Reports of Civil and Criminal Cases Decided by the ..., Volumen3;Volumen110

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell, Thomas Bell Monroe, John James Marshall, James Greene Dana, Benjamin Monroe, James P. Metcalfe, Alvin Duvall, William Pope Duvall Bush, John Rodman, Edward Warren Hines, Charles Cyrus Turner, Thomas Lewis Edelen, Thomas Robert McBeath, Robert G. Higdon, T. M. Jones, Amos Hall Eblen - 1903
...section 21 of the Civil Code of Practice, which provides, •'A . . . trustee of an express trust . . . may bring an action without joining with him the person for whose benefit lit is prosecuted." By reason of the duties imposed by the contract under which the trustees are operating,...
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Reports of Cases Decided in the Supreme Court of the State of ..., Volumen8

North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - 1900
...Stambaugh, for respondent. The plaintiff may maintain this action as trustee of an express trust or a person in whose name a contract is made for the benefit of another. Sec. 5223, Rev. Codes. While an express trust must be created by an instrument in writing (Sec. 3385,...
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