TRUST CO. OF CHICAGO v. CITY OF CHICAGO, 327 Ill. App. 222 (1945)

63 N.E.2d 615

Gen. No. 42,962. (Abstract of Decisions.)Appellate Court of Illinois, Chicago, First District.
Opinion filed November 7, 1945 Rehearing denied November 26, 1945 Released for publication November 27, 1945

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).

Appeal from the Circuit Court of Cook county; the Hon. JOHN J. PRYSTALSKI, Judge, presiding.

Affirmed. Heard in the third division, first district, this court at the December term, 1943.

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.

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Not to be published in full.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.