...The New York Code has still further enlarged the power of the committee to sue. It is enacted that a trustee of an express trust, or a person expressly...person for whose benefit the action is prosecuted, and that " a trustee of an express trust," shall be construed to mean a person with whom, or in whose...

...therein, save in certain excepted cases. Section 29 of the Code of Civil Procedure provides that, " every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section thirty-two." But section thirty-two has no application to the case...

...question involves the construction of section 111 of the New York code, which is in these words : '' Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section 113.' Section 113 provides that an executor, administrator, or trustee...

...name of the real party In Interest, except that an executor, administrator, a trustee of an expreu trust, or a person expressly authorized by statute,...person for whose benefit the action Is prosecuted. The distinction In practice and pleading between actions at law and suits In equity Is abolished. There...

...525. Promissory notée: 8 Cal. 260; 14 Cal. 94, 450. $ 360. (} 6.) An executor or administrator, or trustee of an express trust, or a person expressly...authorized by statute, may sue without joining with him the persons for whose benefit the action is prosecuted. A person with idiom, or in whose name, a contract...

...every action shall be prosecuted in the name of the real party in interest, except actions brought by an executor or administrator, a trustee of an express...trust, or a person expressly authorized by statute to sue ; in which actions, it is unnecessary to join as plaintiff, the person for whose benefit the...

...concluded by the judgment. By the lllth section of the Code of Procedure in New York, it was enacted that "every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section 118." The 118th section enacted thus: " An executor or administrator,...

...Ellis & В 238, 32 Eng. L. & Eq. 134. (t) It is provided that the action shall be prosecuted in the name of the real party in interest, except that an...sue, without joining with him the person for whose lienetit the action is prosecuted. This i» so in New York, Code, $§111 and 113, 2 It. S., 4th ed.,...

...practice, the action must be brought in the name of the real party in interest, except that an executor, administrator, a trustee of an express trust, or a...with him the person for whose benefit the action is brought. The interest necessary to the maintenance of an action may be separate, or joint, or in common....

...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...