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eBook details

• Title: Spaulding v. Community College Bd.
• Author : Supreme Court of Illinois
• Release Date : January 20, 1976
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

In January of 1973 the National Boulevard Bank of Chicago (hereinafter referred to as National Boulevard), as trustee of a trust Page 395 agreement, and the defendants, Sousanes and Grevan, doing business as Elegance Boutique, a partnership, entered into a 10-year lease agreement for the rental of premises located in the Indian Trails Family Shopping Center in Palos Heights, Illinois. Subsequent to the execution of that lease, National Boulevard filed a complaint against the defendants under the forcible entry and detainer act (Ill. Rev. Stat. 1977, ch. 57, par. 1 et seq.) to recover possession of the premises and rent allegedly due from defendants. National Boulevard later amended this complaint to increase the amount of rent due and to request costs and attorneys fees. After National Boulevard filed its amended complaint, the First National Bank and Trust Company of Evanston (hereinafter referred to as First National) filed a motion alleging that all rights under the lease and title to the premises covered by the lease had been transferred from National Boulevard to First National. The motion requested that First National be substituted as party plaintiff in lieu of National Boulevard. The trial court ordered that the motion be granted and gave leave to First National to file an amended complaint reflecting the substitution of plaintiff. Defendants then filed a motion to dismiss the cause of action. In their motion defendants alleged that the order of substitution was based on plaintiffs representation that the beneficiaries were changed during the pendency of this lawsuit, that this representation was false, and that plaintiff knew or should have known of its falsity. Defendants further alleged that First National served as trustee in December of 1976, prior to the institution of the suit. The trial court, after hearing arguments of counsel, granted defendants motion and ordered that the cause be dismissed. It is from that order that plaintiff now appeals.

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