{
  "id": 5337112,
  "name": "George Chandler, Receiver, v. Robert Frost",
  "name_abbreviation": "Chandler v. Frost",
  "decision_date": "1878-01",
  "docket_number": "",
  "first_page": "559",
  "last_page": "561",
  "citations": [
    {
      "type": "official",
      "cite": "88 Ill. 559"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "78 Ill. 78",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        823977
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/78/0078-01"
      ]
    },
    {
      "cite": "77 Ill. 22",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        821706
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/77/0022-01"
      ]
    },
    {
      "cite": "77 Ill. 333",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        821744
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/77/0333-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T17:58:19.170928+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "George Chandler, Receiver, v. Robert Frost."
    ],
    "opinions": [
      {
        "text": "Per Curiam :\nThe only question in this case is, did the court below err in refusing leave to so amend the record that the cause should stand in the name of \u201c The Lamar Insurance Company, as plaintiff, instead of that of George Chandler, receiver.\u201d The suit was commenced in the name of \u201c George Chandler, receiver of the Lamar Insurance Company,\u201d as plaintiff, and the original declaration was based on the same decree, and was the same in form and substance, it is conceded, as the declaration in Chandler v. Brown, 77 Ill. 333.\nThe amended count filed by leave of the court after the demurrer to the original declaration was sustained, does not appear to be objectionable, if the Lamar Insurance Company may be substituted for George Chandler as plaintiff therein,\u2014 at least no objection in other respects has been urged or is perceived.\nThat the name of the plaintiff may be changed, under the present practice act, was held in Teutonia Life Ins. Co. v. Mueller et al. 77 Ill. 22, and Challenor v. Niles, Admr. 78 Ill. 78, and it would seem difficult to distinguish, in principle, those cases from this.\nWe think it\" is very plain that the cause of action is not different in the amended count, from that attempted to be declared on in the-original declaration. In all, it is the subscription of Frost to the capital stock of the Lamar Insurance Company\u2014the decree of court, in the original declaration, being set out simply to establish a right in Chandler, as receiver, to prosecute for and recover that subscription.\nThe object, whether the suit is prosecuted by the corporation or by the receiver, is the same\u2014namely, to add the amount due from the defendant to the cash assets of the corporation\u2014 and it is clear that any defense that might be interposed . against a receiver, lawfully suing, might also be interposed against the corporation, lawfully suing, or vice versa.\nThe amendment sought to be made is authorized by the statute, and it was error to disallow it.\nThe judgment is reversed, and the cause remanded.\nJudgment reversed.",
        "type": "majority",
        "author": "Per Curiam :"
      }
    ],
    "attorneys": [
      "Mr. John G. Henderson, for the appellant.",
      "Mr. H. Case, for the appellee."
    ],
    "corrections": "",
    "head_matter": "George Chandler, Receiver, v. Robert Frost.\nPractice\u2014amendment changing the parties plaintiff. An action was commenced in the name of \u201cGeorge Chandler,receiver of the Lamar Insurance Company,\" to recover upon the subscription of the defendant to the capital stock of the company. It was held to be error to refuse leave to plaintiff to so amend the record that the cause should stand in the name of \u201c The Lamar Insurance Company,\u201d instead of that of \u201c George Chandler, receiver.\u201d\nAppeal from the Circuit Court of Scott county; the Hon. Cyrus Epler, Judge, presiding.\nMr. John G. Henderson, for the appellant.\nMr. H. Case, for the appellee."
  },
  "file_name": "0559-01",
  "first_page_order": 559,
  "last_page_order": 561
}