Ellis Canning Co. v. International Harvester Co.

174 Kan. 357, 255 P.2d 658 (1953)

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Nature of the Case

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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.