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N. & G. TAYLOR CO., INC. V. ANDERSON, 275 U. S. 431 (1928)

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U.S. Supreme Court

N. & G. Taylor Co., Inc. v. Anderson, 275 U.S. 431 (1928)

N. & G. Taylor Company, Inc. v. Anderson

No. 114

Argued December 5, 1927

Decided January 3, 1928

275 U.S. 431


1. Section 18 of the Illinois Practice Act, allowing the assignee of a nonnegotiable contract to sue on it in his own name and requiring him to show on oath his ownership and source of title, will be applied by the federal courts sitting in that state. P. 275 U. S. 437.

2. By the law of Illinois, as established by the state supreme court, a declaration under § 18 supra, that does not make the required showing as to ownership and source of title fails to state a cause of action, and a cause of action set forth in a declaration amended to comply with the section is barred if the period fixed by the statute of limitations has expired when the amended declaration is filed. P. 275 U. S. 437.

3. Section 954 of the Revised Statutes, governing amendments in the federal courts, is to be liberally construed. P. 275 U. S. 438.

4. Where the filing of an amended declaration has been allowed under § 954, the question whether the declaration states a new cause of action barred by the statute of limitations depends upon the substance of the change made by the amendment. P. 275 U. S. 438.

5. A partnership made a contract to purchase oil, and vendors defaulted. The members of the partnership formed a corporation, named as the partnership was with the word "Incorporated" added, which took over the firm's assets and liabilities, including the contract, and carried on the business. The corporation sued on the contract in the federal court sitting in Illinois, describing it as one made with the corporation directly, without mention of the partnership, and later, when the period of the chanroblesvirtualawlibrary

Page 275 U. S. 432

statute of limitations had expired, filed an amended declaration claiming as assignee. Held that the amendment was not one of form, which could relate back to the beginning of the action, but substituted a new cause of action barred by the statute. P. 275 U. S. 439.

14 F.2d 353 affirmed.

Certiorari, 273 U.S. 681, to a judgment of the circuit court of appeals which affirmed a judgment of the district court sustaining a plea of the statute of limitations in an action on contract brought in Illinois by a Maryland corporation. chanroblesvirtualawlibrary

Page 275 U. S. 435

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