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Missouri Revised Statutes

Mo. Rev. Stat. § 507.010 (2026)

Prosecution in name of real party in interest

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  507.010.  Prosecution in name of real party in interest. — Every action shall be prosecuted in the name of the real party in interest, but an executor, administrator, personal representative, guardian, conservator, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party authorized by statute may sue in his own name in such representative capacity without joining with him the party for whose benefit the action is brought; and when a statute so provides, an action for the use or benefit of another shall be brought in the name of the state of Missouri.

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(RSMo 1939 §§ 849, 850, 855, A.L. 1943 p. 353 § 11, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 §§ 698, 699; 1919 §§ 1155, 1156; 1909 §§ 1729, 1730

CROSS REFERENCES:

Assignee of bond, note or account may sue assignor, when,  431.170

Collectors of United States revenue may sue, 14.060

Resident trustee, necessary party, plaintiff in suit to foreclose deed of trust, 443.350

Suits on county contracts, how brought, 431.080

Taxpayer may sue to enjoin registration of bonds of political subdivisions, 108.240

Wrongful death, damages, by whom recoverable, 537.080

(1975) Insurer who pays a property loss and receives an "assignment" from insured has exclusive right to maintain suit against tort-feasor. Subrogation leaves legal title in insured.  State Farm Mutual Automobile Insurance Co. v. Jessee (Mo.), 523 S.W.2d 832.

(1977) Held, seducee is real party in interest and may sue in her own name for damages arising from seduction. Piggott v. Miller (A.), 557 S.W.2d 692.

Notes of Decisions
Cited in 39 cases, 1951–2013 · leading case: Townsend v. Townsend, 708 S.W.2d 646 (Mo. 1986).
Sort: Relevance Newest Treatment
Townsend v. Townsend, 708 S.W.2d 646 (Mo. 1986). · cites it 6× “with the same force and effect as if she was a femme sole .”
Aufenkamp v. Grabill, 112 S.W.3d 455 (Mo. Ct. App. 2003). · cites it 4× “Section 507.010 4 and Rule 52.01 require that every action be prosecuted in the name of the real party in interest.”
Kroeker v. State Farm Mut. Auto. Ins. Co., 466 S.W.2d 105 (Mo. Ct. App. 1971). · cites it 6× “However, Section 507.010 V.A.M.S. 1969 provides : “Every action shall be prosecuted in the name of the real party in interest, but an executor, administrator, guardian, curator, trustee or an express trust, a party with whom or in whose name a contract has been made for the…”
Hamilton v. Fulkerson, 285 S.W.2d 642 (Mo. 1955). · cites it 5× “353, and what had been Section 855 of 1939 was merged in new Section 11 of the 1943'Laws and is now Section 507.010, RSMo 1949, V.A.M.S. That section provides for the prosecution of actions in the name of the real party in interest.”
Klein v. Gen. Elec. Co., 714 S.W.2d 896 (Mo. Ct. App. 1986). · cites it 2× “§ 507.010 RSMo (1985); Supreme Court Rule 52.”
Smith v. Smith, 300 S.W.2d 275 (Mo. Ct. App. 1957). · cites it 4× “* * * The statutes declare that she has the status of an unmarried woman as to such property (Rev.”
Carolan v. Nelson, 226 S.W.3d 923 (Mo. Ct. App. 2007). · cites it 3× “See also § 507.010. The object of [section 507.010 and Rule 52.”
Missouri Pub. Entity Risk Mgmt. Fund v. Am. Cas. Co. of Reading, 399 S.W.3d 68 (Mo. Ct. App. 2013). · cites it 2× “In part that is due to Missouri’s requirement that a suit be brought in the name of the real party in interest, section 507.010. Id.”
Holt v. Myers, 494 S.W.2d 430 (Mo. Ct. App. 1973). · cites it 3× “and Section 507.010, RSMo 1969, V. A.M.S. The purpose of the real party in interest Rule is to enable those who are directly interested in the subject matter of litigation and entitled to reap its fruits be the ones to maintain the action.”
State ex rel. Knight Oil Co. v. Vardeman, 409 S.W.2d 672 (Mo. 1966). · cites it 4× “Section 507.010, RSMo 1959, V.A.M.S. It was and is certainly a real party in interest, and it was at least a trustee of an express trust for Associates, in so far as the latter had an interest in the proceeds of the suit.”
Arndt v. Beardsley, 102 S.W.3d 572 (Mo. Ct. App. 2003). “01; § 507.010. However, “[m]isjoinder of parties is not ground for dismissal of an action.”
Contracting Plumbers Ass'n v. City of St. Louis, 249 S.W.2d 502 (Mo. Ct. App. 1952). · cites it 3× “The party prosecuting an action must be the real party in interest, under section 507.010, RSMo 1949, V.A.M.S. and this requirement is as fully applicable to a declaratory judgment action as any other.”
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