Use Plaintiff Law and Legal Definition

Use plaintiff is the owner of the beneficial interest for whose benefit suit is brought by the holder of the legal title as nominal plaintiff.

Under the common-law practice which requires actions to be instituted and prosecuted in the name of the person who has the legal title to the cause of action, where the beneficial interest and the legal title are vested in different persons the right of the owner of the beneficial interest is protected by suit instituted by or in the name of the holder of the legal title as nominal plaintiff for the benefit of the owner of the beneficial interest, who is called the 'use' or 'equitable' plaintiff. [Edgewood Lumber Co. v. Hull, 32 Tenn. App. 577, 589 (Tenn. Ct. App. 1949)].