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... New York Field Codes 1850-1865 - Página 243por New York (State). Commissioners of the Code, David Dudley Field - 1998 - 887 páginasVista previa limitada - Acerca de este libro
| 1913 - 1290 páginas
...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 person,...express trust, within the meaning of this section." The agreement contains the provision that Flickinger as trustee is to commence any suit or suits that... | |
| 1919 - 1076 páginas
...in the last sentence of section 449 of the Code of Civil Procedure. That sentence reads as follows : "A person, with whom, or in whose name, a contract...express trust, within the meaning of this section." The plaintiff contends that this case comes within the decision in Fargo v. Owen, 79 Hun, 181, 29 NY... | |
| 1905 - 1266 páginas
...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 person,'...name, a contract Is made for the benefit ,of another, IB a trustee of an express trust, within the meaning of this section." Both Foster and Hazard, however,... | |
| 1917 - 1154 páginas
...INSURANCE <g=»G24(6) — EXPRESS TRUSTS — STATUTE. Under Code Civ. Proc. § 449, providing that a person with whom or in whose name a contract is made for the benefit of another is trustee of nn express trust, and entitled to sue without Joining the beneficiary, insured by an endowment... | |
| New York (State), Charles David Rust - 1889 - 864 páginas
...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 person,...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... | |
| 1890 - 986 páginas
...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 person...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... | |
| Abraham Clark Freeman - 1890 - 998 páginas
...of law, against defendant's objections, viz.: — "The court declares the law to be, that a person in whose name a contract is made for the benefit of another is a trustee of an express trust, and as such can maintain an action in his own name. If, therefore, the court finds, from the evidence,... | |
| New York (State) - 1891 - 1554 páginas
...express trust, or n person expressly authorized by statute, may sue, 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 tin' hem lit, of another, is a trustee of an exiS3 trust, within the iiKaaiii;,' of this section. III.,... | |
| Oregon - 1892 - 1154 páginas
...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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