...the exception to that rule is, an executor or administratgr, guardian, trustee of an express trust, a person with whom or in whose name a contract is made for the benefit of another, may bring an action, without joining his cestui que trust. Code, § 27. Ratliff r. Warner. the part...

...administrator, guardian, trustee of an express trust, a person. White, Bonner & Wright p. Stanley. 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...

...for whose benefit the action is prosecuted. A person with whom or in whose name a contract is maile for the benefit of another, is a trustee of an express trust, within the meaning of this section." If the other view be taken, to the effect that the state is the real party In interest arid the amounts...

...city of Duluth. This special legislation may be read in the light of the general statute authorizing a person with whom or in whose name a contract is made for the benefit of another to sue thereon alone as a trustee of an express trust. Chapter 6G, § 28, Gen. St. 1878. It was unnecessary...

...without joining with him the person for whose benoflt the action is prosecuted. A person^ with wlwi or in whose name, a contract Is made for the benefit .of another, Is a trusttv of an express trust, within the meaning of this section." Both Foster and Hazard, however,...

...interest, except that "an executor, administrator, guardian, trustee of an express trust, a person witli whom or in whose name a contract is made for the benefit of another, or the state, or any officer thereof, or any person expressly authorized by the statute to do so, may...

...provides that an action may be maintained by a trustee of an express trust, which will include a person in whose name a contract is made for the benefit of another. Ademption. See WILLS. Aliens. The right of an alien husband to take an estate by the curtesy in land...

...may sue without joining with him the persons for whose benefit the action is prosecuted, and declares that "A person with whom, or in whose name, a contract...express trust, within the meaning of this section." In Mechem on Agency, second edition, section 2028, it is said: "The agent's right to sue in these cases...

...We think the complaint sufficient, and the action properly brought. A trustee of an express trust is a person with whom, or in whose name, a contract is made for the benefit of another, and he is authorized to sue without joining with him the persons for whose benefit the action is prosecuted....

...a written contract for the purchase of land in his own name, although he was acting as an agent for another, is a trustee of an express trust within the meaning of section 369 of the Code of Civil Procsdure and may maintain an action to recover a payment made on...