Horace Gray

“ A person with whom, or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.'
Under this provision, the court of appeals of that state has held that an agent of a corporation, to whom, 'as executive agent of the company,' a promise is made to pay money, is 'a person with whom, or in whose name, a contract is made for the benefit of another,' and may therefore sue in his own name on the promise. ”

“ Every action must be prosecuted in the name of the real party in interest, except that 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. ”

“ All the statements of the deponents as to the proportion of phosphorus in the iron in question were based on analyses by other persons of pig-iron made in previous years, none of which were produced, or their contents proved, with the single exception of Fernguist's analysis of iron from the Pershytte furnace two years before. It is not shown, and cannot be presumed, that a difference of one or two hundredths of 1 per cent. in the amount of phosphorus in pig-iron could be detected by observation of the ore, or by inspection of the manufacture of the pig-iron. ”