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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 New York Justice's Manual, Containing All the Laws of the State Relating ... - Page 188
by New York (State) - 1881 - 880 pages
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Reports of Civil and Criminal Cases Decided by the ..., Volume 5; Volume 68

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1870 - 840 pages
..."Every action must be prosecuted in the name of the real party in interest." The 33d section permits the person, with whom or in whose name a contract is made for the benefit of another, to bring an action on the contract without joining the beneficiary; but that does not take the right...
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Reports of Civil and Criminal Cases Decided by the ..., Volume 40; Volume 147

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1912 - 966 pages
...representative, guardian, curator, committee of a person of unsound mind, trustee of an express trust, a person ;with whom or in whose name a contract is made for the bene£t of another, a receiver appointed by a court, the assignee of a bankrupt, or a: person expressly...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 21

New Jersey. Court of Chancery - 1871 - 652 pages
...except as otherwise provided in section 113." Section 113 provides that an executor, administrator, or trustee of an express trust, or a person expressly authorized by statute may sue without joining the person for whose benefit the suit is prosecuted. Who are the real parties in interest within the...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 pages
...a suit by the assignee, in case of the death of the assignor. § 93. An executor or administrator, a trustee of an express trust, or a person expressly...authorized by statute, may sue without joining with him tho persons for whoso benefit the suit is prosecuted. § 94. When a married woman is a party, her husband...
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Stryker's American Register and Magazine, Volume 3

1849 - 626 pages
...real party in interest, except that an executor, administrator, or trustee of an express trust, or person expressly authorized by statute, may sue without...joining with him the person for whose benefit the suit was instituted. This, it will be seen, sweeps away the whole doctrine respecting assignments of...
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Merchants' Magazine and Commercial Review, Volume 21

1849 - 710 pages
...(choses in action are now assignable,) except in the following cases : — An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue in their own names, without joining the parties for whose benefit the suit is instituted. In case of...
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - 1850 - 898 pages
...express trust, or a person expressly authorised by statute, may sue without joining with him the persons for whose benefit the action is prosecuted. A person...express trust within the meaning of this section. Amended Code, § 113. The last sentence is added toremove a doubt which has been expressed. § 600....
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The New-York Legal Observer, Volume 8

Samuel Owen - 1850 - 416 pages
...operation the cases enumerated in section 113, which reads as follows : " An executor or administrator, a trustee of an express trust, or a person expressly...authorized by statute, may sue without joining with him the persons for whose benefit the suit is prosecuted." It has been generally supposed that the words "...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - 1851 - 410 pages
...of this code. § 113.[93.] (Amended.) — Actions en autre droit. — An executor or administrator, a trustee of an express trust, or a person expressly...person for whose benefit the action is prosecuted. A trustee of an express trust, within the meaning of this section, thall be construed to include a person...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14; Volume 45

1851 - 520 pages
...a party, her husband may be joined with her, except that— " S. 113. An executor or administrator, a trustee of an express trust, or a person expressly...authorized by statute, may sue without joining with him the persons for whose benefit the suit is prosecuted. "1. When the action concerns her separate property,...
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