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Louis H. Pink, Original Plaintiff, Robert E. Dineen, Superintendent of Insurance of State of New York, as Liquidator of National Surety Company, Successor Plaintiff, Appellee, v. Peter S. Sarelas, Appellant.

LIMITATIONS OF ACTION, § 29 — timeliness of action on contract of indemnity. Where judgment against surety on appeal bond was affirmed by Appellate Court on November 14, 1932, and surety paid judgment in installments beginning in January and ending in March, 1933, action filed on September 4, 1942, against principal upon contract of idemnity to recover surety's loss was not barred by statute of limitations.

See Callaghan's Illinois Digest, same topic and section number.

Opinion by JUSTICE KILEY.

Not to be published in full. Opinion filed November 3, 1948; rehearing denied November 23, 1948; released for publication December 2, 1948.

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PINK v. SARELAS
(Nov 3, 1948)