United States Insurance v. Ludwig

Citations

• 108 Ill. 514
• 1884 Ill. LEXIS 1510

Syllabus

<p>1. Limitation—as against new plaintiff, by amendment. On a life policy of insurance, containing a clause that no action should be brought thereon after eighteen months after the death of the insured, an action was improperly brought in the name of an assignee, within the time limited, instead of in the name of the administrator of the deceased, and judgment of recovery had, which was reversed for want of a proper party plaintiff. Thereupon, by leave of court, an amendment was made substituting the administrator of the party whose life was insured, in place of his assignee, and a new count was filed upon precisely the same cause of action; but this was after the expiration of the period of limitation: Held, that the amendment related back to the commencement of the suit, and that the limitation could not be invoked to defeat the action.</p> <p>2. Amendment—change of party plaintiff. Where an action at law is brought in the name of the beneficial plaintiff, so that no recovery can be had, an amendment substituting the proper person as plaintiff is allowable under the statute.</p> <p>3. ' Action—commencement of suit. Substituting the party having the legal right to sue, instead of one improperly named as plaintiff, is in no sense the commencing of a new suit, -but so far as the defendant is concerned the suit will be regarded as commenced at the time of the original issuing and service of the summons. The rule is different where a new defendant is brought into the case by amendment and summons against him.</p>