“The real party in interest, within the meaning of this provision of the code, is the person who will be entitled to the benefits of the action if suSSessful; one who is actually and substantially interested in the subject-matter, as distinguished from one who has only a nominal, formal or technical interest in or connection with it.” 15 Ency. PI. & Pr., 710.
There is no evidence in the record diet The National Erie Company either authorized or in any manner paid off the debt owing- Taylor. The only evidence is ‘hat Willis paid it, and therefore he is the real party in interest.
Our conclusion is that Willis is the real party in interest; that he is entitled to be subrogated to Taylor’s rights in having the stock as security, and„ therefore, the jiidgment of'the Court of Common Pleas should be affirmed.