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GRUNLOH v. EFFINGHAM EQUITY, INC.

No. 4-88-0120.

174 Ill. App.3d 508 (1988)

528 N.E.2d 1031

CLIFFORD H. GRUNLOH et al., Plaintiffs-Appellants, v. EFFINGHAM EQUITY, INC., Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Opinion filed September 13, 1988.

Attorney(s) appearing for the Case

Brent D. Holmes, of Harlan Heller, Ltd., of Mattoon, for appellants.

Dale A. Cini, of Ryan, Cini & Bennett, of Mattoon, and Q. Anthony Seimer, of Parker, Seimer, Austin, Resch & Resch, of Effingham, for appellee.

Affirmed in part, and reversed in part and remanded.

JUSTICE McCULLOUGH delivered the opinion of the court:

The principal question in this case is whether an amendment to a complaint alleging the plaintiffs are suing in their capacities of assignees of a claim of a dissolved corporation, in addition to their individual capacities, relates back to the filing of the plaintiffs' original complaint, so that the claim which the corporation assigned is not barred...

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