Assignee or Assignor as Party to Suit

In the admiralty the assignee of a chose of action is recognized as the obligee and may sue in his/her own name.  The practice in admiralty is that a person who takes legal title to a claim by outright assignment is deemed the real party in interest and is entitled to maintain suit in his/her own name.  It makes no difference that s/he is merely collecting for the account of the assignor.[i]

By the rules of the common law, an action in all cases is maintained by the assignee in cases of assignment in the name of the assignor.[ii]

[i] Salaky v. Atlas Tank Processing Corp., 120 F. Supp. 225 (D.N.Y. 1953)

[ii] Congress Constr. Co. v. Farson & Libbey Co., 101 Ill. App. 279 (Ill. App. Ct. 1902)


Inside Assignee or Assignor as Party to Suit