TRUST CO. OF CHICAGO v. CITY OF CHICAGO

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Docket Number

Gen. No. 42,962. (Abstract of Decisions.)

Attorney(S)

Weightstill Woods, for appellants; Clarence N. Boord, Benjamin Franklin Langworthy, George A. Mason, Lawrence C. Mills, Horace Russell and William D. Wollesen, of counsel; Barnet Hodes, Corporation Counsel, for appellees; J. Herzl Segal, Assistant Corporation Counsel, of counsel.

Judges

Opinion by JUSTICE LEWE.

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Trust Company of Chicago, Administrator of Estate of Elizabeth Palmer Smith, Deceased, and Jason Paige, Executor of Estate of Carrie E. Paige, Deceased et al., Appellants, v. City of Chicago et al. Appellees.

LIMITATIONS OF ACTION, § 35 — when action for interest accrued on judgment is barred by statute of limitations. Where judgment was entered against City of Chicago in condemnation proceeding and owner of property accepted check in full payment for land condemned and of all claims for damages thereto, and it appeared that more than six years after such payment, action was begun to collect balance alleged to be due on theory that amount paid did not include interest accrued on judgment to date of payment, held that claims were for interest only and barred by five year statute of limitations (Ill. Rev. Stat. 1945, ch. 83, par. 16; Jones Ill. Stats. Ann. 107.275).

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

Opinion by JUSTICE LEWE.

Not to be published in full. Opinion filed November 7, 1945; rehearing denied November 26, 1945; released for publication November 27, 1945.

Trust Company of Chicago, Administrator of Estate of Elizabeth Palmer Smith, Deceased, and Jason Paige, Executor of Estate of Carrie E. Paige, Deceased et al., Appellants, v. City of Chicago et al. Appellees.

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