Maxwell v. Bozelko
The assignee of the named plaintiffs can file suit in the name of the assignors. In the underlying action, the named plaintiffs settled and assigned their rights to obtain indemnification to another individual, Staehly. Staehly proceeded to sue the defendant in the name of the named plaintiffs. The defendant moved to dismiss and argued that the named plaintiffs lacked standing, because they assigned their rights to Staehly. Connecticut General Statutes §52-118 provides, "The assignee and equitable and bona fide owner of any chose in action, not negotiable, may sue thereon in his own name. Such a plaintiff shall allege in his complaint that he is the actual bona fide owner of the chose in action, and set forth when and how he acquired title." The court denied the motion to dismiss. "The plaintiff," wrote the court, "has brought the action as an assignee of the named plaintiffs as allowed by statute and alleged in the complaint."