Page:Harvard Law Review Volume 9.djvu/269

CONSIDERATIONS MOVING FROM THIRD PERSONS. 241 beneficiary to bring an action fall under one or the other of these three heads ; some others are explainable on other grounds, while, on the other hand, a few are quite in conflict with the views herein expressed, and the authorities cited above. One other consideration bearing upon this question. All agree that on sealed instruments and promissory notes a person not the payee cannot recover merely because it is expressed to be " for the benefit " of such person. But why any difference, so far as the right of action is concerned, between a promise under seal and one not } If the promisee is as distinctly and specifically named in the one case as in the other, is there any substantial reason for apply- ing a different rule .-* In view of the authorities upon this subject, can it be safely said, as it sometimes is, that at cojnnion law, " whenever one makes a promise to another for the benefit of a third person, the latter may maintain an action at law upon such promise " } Edmund H. Bennett. BjSTon, Nov. i, 1895. 3a