Spratley v. Hartford Ins.

DILLON, Circuit Judge.

The court rules the following points:

1.Parties. — Beal Parties in Interest. Where a statute of the state, applicable by express adoption to the practice in the federal court sitting therein, requires that actions shall be brought by “the real party in interest,” an order on an insurance company, given by the assured to a creditor of his, after the loss, directing the company to pay such creditor the whole amount due under the policy, makes the person receiving such order an assignee of the cause of action. and entitles him, under the statute above mentioned, to sue on…