Oswianza v. Wengler & Mandell, Inc.

Supplemental Opinion Upon Petition for Rehearing.

The attorneys for the defendant have filed a petition earnestly requesting a rehearing, which prompts some further observations.

What is the effect on negotiability of a provision in the instrument limiting the right of the holder to sue in his own name? In Pflueger v. Broadway Trust & Savings Bank, 265 Ill. App. 569-581, is presented the view that such a provision is so contrary and repugnant to the essence of the instrument that it is void, citing a large number of supporting cases.

There are also a considerable number of cases which tend to…