Automobile Insurance v. Hamburg-Amerika Line

The question here is whether this action can be maintained by plaintiff, an insurance company, in its own name.

Prior to answering, one of the defendants, Victory Corp., moves to dismiss the complaint for insufficiency. The proponent contends the complaint shows on its face that plaintiff is not the real party in interest. For the purpose of this application it is conceded that, if plaintiff is the real party in interest, the complaint sets forth facts constituting a cause of action. Accordingly the court has considered no question other than the question as to whether plaintiff is the real…