 | New York (State) - 1881 - Страниц: 1532
...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 the benefit of another, is a trustee of an express trust, within the meaning of this section. Id., part of | 111, and nil of}... | |
 | Idaho (Ter.) - 1881 - Страниц: 588
...with him the persons^,, 1 '^,^; for whose benefit the action is prosecuted. A 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... | |
 | Isaac Edwards - 1882 - Страниц: 560
...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 express trust.' Mercantile agents and factors, who, according to the usage and custom... | |
 | 1882 - Страниц: 480
...32 of the Code, which provides that a person with whom a contiact is made for the benefit of another may bring an action without joining with him the person for whose benefit it is prosecuted. Nebraska Supreme Court. — The New York Life Insurance Company vs. Bonner. RELATING то FIRE INSURANCE.... | |
 | Iowa. Supreme Court - 1883 - Страниц: 830
...follows: "An executor or administrator, a guardian, a trustee of an express trust, a party with whom, in whose name, a contract is made for the benefit of another, or party expressly authorized by statute, may sue in his ow_n name, without joining with him the party... | |
 | New York (State). Supreme Court. Appellate Division - 1913 - Страниц: 1088
...may nevertheless maintain the action under section 449 of the Code of Civil Procedure as the ]>erson in whose name a contract is made for the benefit of another. In making his yearly settlement with the plaintiff, December 24, 1908, Deuink, the agent, elected to... | |
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1864 - Страниц: 510
...of an express trust," and other fiduciaries therein mentioned, "may bring an action in his own name without joining with him the person for whose benefit it is prosecuted." In the case of Anderson vs. Watson, (3 Met. Ky. Rep., 509,) it was held that a guardian cannot sue... | |
 | 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 - Страниц: 732
...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,... | |
 | Wyoming. Supreme Court - 1899 - Страниц: 630
...and the only one competent to sue. If for the benefit of Metcalf and Schlichter both, then Metcalf is a "person with whom or in whose name a "contract is made for the benefit of another," and may sue alone. See Rev. Stat., Sec. 2384. At the time plaintiff in error executed the notes sued... | |
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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... 
