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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

Global Finance, Inc. held a promissory note signed by Midas Manufacturing Co. before filing, Global Finance assigns its right to collect on the note to Silverline Investments. Global Finance then files a collection suit against Midas Manufacturing in Global Finance’s name only; Silverline is not named as a party and no substitution is made. (a) State the controlling doctrine on who may sue and be sued in a civil action, focusing on real party in interest and assignment under Rule 3. (b) Is the action properly framed as brought by Global Finance? If not, what remedy should the court order? (c) If the assignment exists and is valid, what steps must be taken to reflect the real party in interest and what is the effect on the case?

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The assignment is invalid because the right to sue on aNote cannot be transferred to another party. Even with a valid assignment, the complaint filed in Global Finance’s name is adequate and the case may continue without any substitution; the defendant’s defenses may be raised against Global Finance. The assignee must be joined as a party but the original plaintiff may remain as co-plaintiff; the remedy is to file a supplemental complaint naming Silverline as co-plaintiff. The court should order substitution of the real party in interest; thereafter the case proceeds in the substituted party’s name, and all filings must reflect the substitution; service and caption must be updated accordingly.

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