nominal plaintiff

The claim pressed by the stockholder against directors or third parties is not his own but the corporation's. The corporation is a necessary party to the action; without it the case cannot proceed. Although named a defendant, it is the real party in interest, the stockholder being at best the nominal plaintiff. The proceeds of the action belong to the corporation and it is bound by the result of the suit.

One who Is named as the plaintiff in an action, but who has no interest in it, having assigned the cause or right of action to another, for whose use it is brought. NOMINARE (Lat. from nomen, name). To name; to nominate; to appoint. Calv. Lex.

One who is named as the plaintiff in an action, but who has no interest in it, having assigned the cause or right of action to another, for whose use it is brought. rights of his assignee, nor will he be permitted to discontinue the action, or to meddle with it; Welch v. Mandeville, 1 Wheat. (U. S.) 2.°>3, 4 L. Ed. 79; Bisp. Eq. § 172; Greenl. Ev. § 173.

One who has no interest in tbs subject-matter of the action, having assigned the same to another, (the real plaintiff in interest, or "use plaintiff,") but who must be joined as plaintiff, because, under technical rules of practice, the suit cannot be brought directly in the name of the assignee.

Defined under Nominal in Black's Law Dictionary.

One who has no interest in the subject-matter of the action, haying assigned the same to another, (the real plaintiff in interest, or “use plaintiff,”) but who must be joined as plaintiff, because, under technical rules of practice, the suit cannot be brought directly in the name of the assignee.