ELLIS CANNING CO. V. INTERNATIONAL HARVESTER CO.
174 Kan. 357, 255 P.2d 658 (1953)
NATURE OF THE CASE: This was an action for damages from a personal injury and an appeal
from a denial of a demurrer.
FACTS: Ellis (P) was having its tractor serviced when International (D) negligently
started a fire. Damage was sustained by P to the amount of $479.79. P was insured and
recovered the full amount from his insurance carrier. P then sued D to recover the $479.79
in its own name for the benefit and use of its insurance company. D sought dismissal on the
grounds that P was not a real party in interest; the insurance company was.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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