Powell v. Sutliff

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• allowing complaint to be amended to substitute “Sutliff Chevrolet, a corporation” as the party defendant in place of “Ellis Sutliff and Leo E. Sutliff, individually and as partners of Sutliff Chevrolet” after the limitations period had elapsed
• the proposed amendment merely sought to correct the designation of the business entity from a partnership to a corporation
• amendment of the complaint to change designation of Sutliff Chevrolet Company from a partnership to a corporation was permitted after the statute of limitations had run
• where individual was properly served trading and doing business as company rather than partnership, amendment to correct name of business from company to partnership was allowed since it was clear that correct person, under wrong designation, was named originally
• plaintiff, who brought suit against a business entity mistakenly thought to be a partnership, was entitled after statute of limitations had run to amend complaint to change designation of business entity from a partnership to a corporation
• court allows amendment of complaint after running of statute, since the correct party was timely sued, although under an incorrect designation; it distinguishes — and would not permit amendment in — cases in which plaintiff tries to substitute entirely new party after statute runs

Source: CourtListener parenthetical corpus (CC0).