507.010. Prosecution in name of real party in interest. - Missouri Statutes

Prosecution in name of real party in interest.

507.010. Every action shall be prosecuted in the name of thereal party in interest, but an executor, administrator, personalrepresentative, guardian, conservator, trustee of an expresstrust, a party with whom or in whose name a contract has beenmade for the benefit of another, or a party authorized by statutemay sue in his own name in such representative capacity withoutjoining with him the party for whose benefit the action isbrought; and when a statute so provides, an action for the use orbenefit of another shall be brought in the name of the state ofMissouri.

(RSMo 1939 §§ 849, 850, 855, A.L. 1943 p. 353 § 11, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 §§ 698, 699; 1919 §§ 1155, 1156; 1909 §§ 1729, 1730

CROSS REFERENCES:

Assignee of bond, note or account may sue assignor, when, RSMo 431.170

Collectors of United States revenue may sue, RSMo 14.060

Resident trustee, necessary party, plaintiff in suit to foreclose deed of trust, RSMo 443.350

Suits on county contracts, how brought, RSMo 431.080

Taxpayer may sue to enjoin registration of bonds of political subdivisions, RSMo 108.240

Wrongful death, damages, by whom recoverable, RSMo 537.080

(1975) Insurer who pays a property loss and receives an "assignment" from insured has exclusive right to maintain suit against tort-feasor. Subrogation leaves legal title in insured. State Farm Mutual Automobile Insurance Co. v. Jessee (Mo.), 523 S.W.2d 832.

(1977) Held, seducee is real party in interest and may sue in her own name for damages arising from seduction. Piggott v. Miller (A.), 557 S.W.2d 692.