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0992 When the defendant in an action for fraud was a director or owner of a bankrupt company and liable to that company for the very conduct that makes him/her liable to the plaintiff, the common cause of action may be pursued only by the trustee in bankruptcy, but if the bankrupt company does not have such a cause of action, an ordinary plaintiff has standing to sue.CitationPRACTICE v CLARK (Culpable Associate) 37 CA4 1003 [See: Fortier v Dona Anna 747 F2 1324; In re Curry 57 BR 824; Cumberland v Thropp 791 F2 1037]
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