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" 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... "
The New York Code of Civil Procedure ... Containing All Amendments to and ... - Page 93
by New York (State), Morris Cooper - 1893 - 801 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 - Law reports, digests, etc - 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 Cases Decided in the Court of Chancery of the State of ..., Volume 21

New Jersey. Court of Chancery - Law reports, digests, etc - 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 - Civil procedure - 1848 - 904 pages
...1835, ch. 19*,) providing for a suit by the assignee, in case of the death of the assignor. § 93. An executor or administrator, a trustee of an express...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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Merchants' Magazine and Commercial Review, Volume 21

Commerce - 1849 - 716 pages
...real party in interest, (choses in action are now assignable,) except in the following cases : — An executor or administrator, a trustee of an express...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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Stryker's American Register and Magazine, Volume 3

History, Modern - 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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The New-York Legal Observer, Volume 8

Samuel Owen - Law - 1850 - 418 pages
...however, excepts from its operation the cases enumerated in section 113, which reads as follows : " An executor or administrator, a trustee of an express...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 - Civil procedure - 1851 - 410 pages
...SCR 23See note to section 293, of this code. § 113.[93.] (Amended.) — Actions en autre droit. — An executor or administrator, a trustee of an express...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

Law - 1851 - 518 pages
...S.114. When a married woman is a party, her husband may be joined with her, except that— " S. 113. An executor or administrator, a trustee of an express...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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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - Civil procedure - 1851 - 266 pages
...prosecuted. A trustee nfan express trust, within themeaning 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. §114. When a married woman is a party, her husband^™ moiried women isa 1. When the action concerns...
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Laws of the State of New York, Volume 2

New York (State) - Session laws - 1851 - 1408 pages
...not be deemed to authorise the assignment of a thing IB action not arising out of contract. §113. An executor or administrator, a trustee of an express...trust, or a person expressly authorized by statute, maJ sue) without joining with him the person for whose KJSiui • benefit the action is prosecuted....
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