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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... "
Indiana Digest: Decisions, [1817-1912]. - Page 303
1911
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Laws of the Territory of Idaho

Idaho (Ter.) - Law - 1881 - 588 pages
...person clall >" l »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. SEC. 185. When a married woman is a party, her Married ..ii . , ' , . j £ ,, terestod. .husband must...
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A Treatise on Bills of Exchange: Promissory Notes, Coupon Bonds ..., Volume 2

Isaac Edwards - Negotiable instruments - 1882 - 560 pages
...executor or administrator, a trustee of an express trust, or a person expressly authorized hy 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 the benefit of another is a trustee of an...
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West Coast Reporter ...: Containing All the Decisions as Fast ..., Volumes 9-10

Law reports, digests, etc - 1886 - 1338 pages
...transfer is of the entire interest. By section 369 of the code of civil procedure it is provided: "A trustee of an express trust may sue without joining...person for whose benefit the action is prosecuted." Williams was not a trustee of an express trust, but if he were the code only permits the non-joinder....
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The Pacific Reporter, Volume 43

Law reports, digests, etc - 1896 - 1212 pages
...shall be prosecuted in the name of the real party in interest, provided that a truste1.' of an eipiv«4 trust may sue without joining with him the person for whose benefit the action is brought, and that the assignee of a chose in action is a trustee of an express trust, one to whom a...
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Federal Decisions: Cases Argued and Determined in the Supreme ..., Volume 3

Law reports, digests, etc - 1884 - 1126 pages
...113, which provides that 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 action is prosecuted. The plaintiff was appointed receiver by the comptroller of the currency on the 19th of September, 1873,...
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Laws of the Territory of Utah Passed by the Legislative Assembly, Volume 26

Utah - Law - 1884 - 666 pages
...may sue without joining with him the person or persons for whose benefit the action is prosecuted. A trustee of an express trust, within the meaning of this section, must be construed to include a person with whom, or in whose name, a contract is made for the benefit...
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The Pacific Reporter, Volume 16

Law reports, digests, etc - 1888 - 1022 pages
...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." Section 369. Now, the contracts sued on in this case were made in the name of the state for the benefit...
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The Northeastern Reporter, Volume 66

Law reports, digests, etc - 1903 - 1148 pages
...express trust, within the meaning of section 251, Burns' Rev. St. 1901. providing that the trustee of un express trust may sue without joining with him the...trustee of an express trust, within the meaning of this T 1. See Gas, то!. 24. Cent. Dig. { 1ŪJ. section, shall be construed to include a person with whom...
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The Northeastern Reporter, Volume 27

Law reports, digests, etc - 1891 - 1156 pages
...the beneficia ries as parties. is somewhat enlarged by section 449 of the Code, which provides that a trustee of an express trust may sue without joining...person for whose benefit the action is prosecuted , and wherever a trustee may sue in his own name without joining the beneficiaries of the trust, in the absence...
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The Northwestern Reporter, Volume 23

Law reports, digests, etc - 1885 - 1040 pages
...different rule. Now every action must be prosecuted in the name of the real party in interest, except a trustee of an express trust may sue without joining...person for whose benefit the action is prosecuted. Rev. St. §§ 2o'U5, 2007. This bond was given for the benefit of the town, and the town alone is interested...
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