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 action is prosecuted. A trustee of an express trust, within the meaning of this... Laws of the Territory of Idaho - Page 78by Idaho (Ter.) - 1864Full view - About this book
| Morris March Estee - Civil procedure - 1886 - 728 pages
...by statute, may 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."' In order to entitle a trustee... | |
| Law reports, digests, etc - 1893 - 1164 pages
..."trustee of an 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 interest)... | |
| Law reports, digests, etc - 1886 - 988 pages
...authority in the 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... | |
| Law reports, digests, etc - 1899 - 1140 pages
...with him. the ¡мтson for whose bcneßt the action is prosecuted," and then proceeds to declare that a "trustee of an express trust, within the meaning...name, a contract is made for the benefit of another." (Italics ours.) As is said in Johnson v. Dawk ins, 20 SC, at page 532, the effect of these two sections,... | |
| Law reports, digests, etc - 1900 - 1242 pages
...St. 1889, §§ 1990, 1991; Snideir v. Express Co., 77 Mo. 523. The language of the statute is that "a trustee of an express trust, within the meaning...name a contract is made for the benefit of another." No discussion or argument is needed to demonstrate that, under the written contract sued on, plaintiff... | |
| Law reports, digests, etc - 1887 - 888 pages
...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 trustee...be construed to include a person with whom, or in whoso name, a contract is made for the benefit of another. It shall not be necessary to make an idiot... | |
| Law reports, digests, etc - 1889 - 1288 pages
...joining the person for whose benefit the action is prosecuted. The statute explicitly declares that "a trustee of an express trust, within the meaning...to include a person with whom, or in whose name, a contract ia made for the benefit of another." Rev. St. 1879, § 3463. Plaintiffs fairly come within... | |
| Civil procedure - 1922 - 1482 pages
...the real party in interest, except that an executor or administrator, a trustee of an express trust, 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 sue without joining with him the person for whose... | |
| Arthur B. Honnold - Civil procedure - 1922 - 894 pages
...Persons not personally interested "An ,executor, administrator, guardian, trustee of an express trust, 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... | |
| William Mahlon Rockel - Probate law and practice - 1922 - 1084 pages
...Underwood vs. Brock- lowed as where administrators tor, or guardian, a trustee of an express trust, 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... | |
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