Montello Shoe Co. v. Suncook Industries, Inc.

No sufficient reason for granting the defendant’s motion appears. While the plaintiff has no interest to maintain the action and while its insurers are the real and active claimants against the defendant, the rights of the insurers are only to enforce the rights of the plaintiff, in whose name the action must stand and be maintained. The right of the insurers to be joined as plaintiffs in interest is not a right of the defendant that they shall be. They are parties privy to the action without actual appearance therein.

The insurers being non-residents, the defendant has the right that security…