Every action most be prosecuted in the name of the real party in interest, except that 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... Reports of Civil and Criminal Cases Decided by the Court of Appeals of ... - Page 849by Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, Alexander Keith Marshall, George Minos Bibb, William Littell - 1909Full view - About this book
| Abraham Clark Freeman - 1892 - 1048 pages
...prosecuted in the name of the real party in interest, except that, under section 21, a fiduciary or trustee may bring an action without joining with him the person for whose benefit it is prosecuted. It thus follows that if the city of Paducah had power to make the contract as well for... | |
| Samuel Maxwell - 1892 - 932 pages
...an express trust or person with whom or in whose name a contract is made for the benefit of another, may bring an action without joining with him the person for whose benefit the action is prosecuted. The general rule in regard to commercial paper may be stated as follows:... | |
| Oklahoma. Supreme Court, Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton - 1912 - 938 pages
...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 for whose benefit it is prosecuted. Officers may sue and be sued in such name as is authorized by law, and official bonds may... | |
| Philemon Bliss - 1894 - 860 pages
...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 for whose benefit it is prosecuted;"41 and the following special, but hardly necessary, clause is added: "Officers may sue... | |
| Kentucky - 1895 - 796 pages
...receiver appointed by a court, the assignee of a bankrupt, or a person expressly authorized by statute to do so, may bring an action without joining with him the person for whose benefit it is prosecuted. (Who is "Personal representative" sec. 732-17.) of assignment and which he could have rened... | |
| Ohio. Courts - 1901 - 788 pages
...the suit is authorized by sec. 4995, Rev. Stat., which provides that a trustee of an express trust may bring an action without joining with him the person for whose benefit it is prosecuted. Section 4993 is as follows: "An action must be prosecuted in the name of the real party... | |
| 1896 - 1236 pages
...quoted, is as follows: "An executor, administrator, guardian, trustee of an express trust, * * » niay bring an action without joining with him the person for whose benefit it Is prosecuted." We suppose it will not be questioned that if the above assignment had been made to Stauffer... | |
| George Lemon Phillips - 1896 - 664 pages
...cases « Comrs. Canal Fund v. Perry, 5 benefit of another, or one expressly authorized by statute, may bring an action without joining with him the person for whose benefit the action is prosecuted. Under favor of such statute, one to whom a note is made payable in trust... | |
| 1896 - 1164 pages
...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 for whose beneflt It is prosecuted." It Is obvious from the first of these sections that the legislature Intended... | |
| Ohio, William Henry Whittaker - 1896 - 828 pages
...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 for whose Iwneltt it is prosecuted ; and officers may sue and be sued in such name as is authorized by law. [51... | |
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