1 Handy 236 | Oh. Super. Ct., Cinci. | 1855
The petition originally filed in this cause, was entitled as follows : Thomas Bulock, who sues for the use of The Ansonia India Rubber Company, plaintiff, vs. Jacob Wolf, defendant. A demurrer was sustained in the cause at the November Term, by Storer, J, for the reason that the petition disclosed no cause of action in the plaintiff Thomas Buloek; but on the contrary, showed what cause of action did exist against the defendant, belonged to the party for whose use the action was alleged to be brought, viz. The Ansonia India Rubber Company. The plaintiff thereupon obtained leave to file an amended petition, striking out
§ 137 of the Code provides, that “the Court may before or after judgment, in furtherance of justice, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect, or by inserting other allegations material to the case, or when the amendment does not change substantially the claim or defence, by conforming the pleadings or proceedings to the facts proved,” &c.
Now it was evident from the original petition, filed in the present case, that the real party in interest, in the suit, was the Ansonia India Rubber Company, and the cause of action, set forth in the petition, was an indebtedness upon an account for goods sold by said company to the defendant. The plaintiff Bulock appeared therefore as a mere nominal party to the suit, suing in behalf of the real party. The defendant was advised, by the petition,