Sec. 42a-2-722. Who can sue third parties for injury to goods.
Sec. 42a-2-722. Who can sue third parties for injury to goods. Where a third
party so deals with goods which have been identified to a contract for sale as to cause
actionable injury to a party to that contract (a) a right of action against the third party
is in either party to the contract for sale who has title to or a security interest or a special
property or an insurable interest in the goods; and if the goods have been destroyed or
converted a right of action is also in the party who either bore the risk of loss under the
contract for sale or has since the injury assumed that risk as against the other; (b) if at
the time of the injury the party plaintiff did not bear the risk of loss as against the other
party to the contract for sale and there is no arrangement between them for disposition
of the recovery, his suit or settlement is, subject to his own interest, as a fiduciary for
the other party to the contract; (c) either party may with the consent of the other sue for
the benefit of whom it may concern.
(1959, P.A. 133, S. 2-722.)
Plaintiff seller could bring claim against shipper where buyer defendant would not cooperate. Seller upon recovery
holds sum as fiduciary for buyer defendant. Such claim does not act as waiver of plaintiff seller's present action for price
due from defendant buyer for goods shipped FOB buyer's place of business. 5 Conn. Cir. Ct. 597.