...prosecuted. A trustee of an express trust within the meaning of this section, shall be construed to include a person with whom, or in whose name, a contract is made for the benefit of another. 1. An attorney in fact does not hold the character of trustee, and is not a necessary party to a suit...

...on said day 1 By section 113 Code, it is declared that a trustee of an express trust shall " include a person with whom, or in whose name, a contract is made for the benefit of another." In cases of this kind, it would seem that the real party in interest might also maintain the suit....

...will in an action brought by the/ executors ; but by section 119, the executor or administrator or trustee of an express trust, or a person expressly...person for whose benefit the action is prosecuted. This section leaves section 111 in force, as was the object of the commissioners of the Code, when...

...«zecui«r», SEC. 34. An executor, administrator, guardian, trustee of an gnardianl or Hotio«m 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...

...that if the plaintiff clatm the right to maintain the action as " trustee of an express trust," or " a person with whom or in whose name a contract is made for the benefit of another" (Code, § 113), he should sue in that character ; and that even then it must appear that he holds the...

...the code referred to ; and in such case, the code provides that the trustee may sue in his own name, without joining with him the person for whose benefit the action is prosecuted. It is suggested that, a payment or delivery of the notes directly to Jacobsohn would satisfy the agreement,...

...Mayram, 12 Sme. & M. 267 ; Grand Gulf Bank v. Wood, ib. 482. 6. [1854.*] An executor or administrator, or trustee of an express trust, or a person expressly...statute, 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...

...administrators and certain trustees, and persons authorized by statute, may sue in their own names ; and a person with whom, or in whose name a contract is made, for the benefit of another, is included. These principles and provisions do not embrace the case; they relate to parties to an action;...

...brought in the name of the real party in interest, except, &c. 2 RS, p. 27. It adds, that an executor, administrator, a trustee of an express trust, or a...expressly authorized by statute, may sue without joining the beneficiary, &c. And 1 RS, § 12, p. 151 enacts that, "County auditors are authorized to institute...

...and a trustee of an express trust, within the meaning of the section, shall be construed to include a person with whom, or in whose name, a contract is made for the benefit of another. Now since the complaint alleges that the stock subscription of the defendant was transferred and assigned...