...R. 268 ; and see Peck v. York*, 47 Barb. 181). § 113. (Am'd 1851.) Action by executor, trustee, &c. An executor or administrator, a trustee of an express...authorized by statute, may sue, without joining with them the person for whose benefit the action is prosecuted. A trustee of an express trust, within the...

...represented in senate and assembly, do enact as follows: 260.15 of the statutes is amended to read : 260.15 An executor or administrator, a trustee of an express...or a person expressly authorized by statute may sue or be sued without joining with him the person for or against whose benefit the action is prosecuted...

...trust, a person with whom or in whose name a contract is made for the benefit of another, or a person authorized by statute, may sue without joining with...person for whose benefit the action is prosecuted. 3. In case of an assignment of a thing in action, the action by the assignee shall be without prejudice...

...receiving the undertaking from appellants. A trustee of an express trust is defined to be, in our statute, a person with whom, or in whose name, a contract is made for the benefit of another. See Laws of 1867, 136, § 6. The utmost extent of signification is to be attributed to this term "...

...MAT SUE WITHOUT THE BENEFICIARY. 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...

...section. SEC. 2758. An executor or administrator, a guardian, a trustee of an express trust, a party with whom, or In whose name a contract is made for the benefit of another, or a party expressly authorized by statute, may sue In his own name without joining with him tne party...

...prosecuted. A trustee of an express trust, within the meauing of this section, shall he constrned to inclnde a person with whom or in whose name a contract is made for the henefit of another. 2114, 'When a married woman is a party her hushand must he joined with her, except...

...of the statutory provision, which differ, however, very slightly. The first is : u An executor, an administrator, a trustee of an express trust, or a...person for whose benefit the action is prosecuted. A trustee of an express trust, within the meaning of this section, shall be construed to include a person...

...an action may be brought in the name of the trustee of an express trust alone, and that every person in whose name a contract is made for the benefit of another is such trustee. § 4872, Compiled Laws. In view of the construction placed upon this legislation it is...

...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...