Opinion
Gen. No. 43,311. (Abstract of Decision.)
Opinion filed May 20, 1947 Released for publication June 9, 1947
LIMITATIONS OF ACTION, § 226 — fraudulent concealment of cause of action, pleading. Mere general allegations in complaint of want of knowledge or notice as to matters forming basis of cause of action against trust company for fraud and deceit respecting subdivision land trust certificate sold by plaintiffs, without specific allegation as to affirmative act or representation constituting fraudulent concealment, were insufficient to establish case of fraudulent concealment of cause of action within contemplation of section 22 of Statute of Limitations so as to toll five-year limitation period, especially where complaint alleged facts having tendency to put plaintiffs upon inquiry (Ill. Rev. Stat. 1945, ch. 83, par. 23; Jones Ill. Stats. Ann. 107.282).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. JOHN F. PRYSTALSKI, Judge, presiding.
Decree affirmed. Heard in the second division, first district, this court at the February term, 1945.
Max Mur. dock, for appellants;
Poppenhusen, Johnston, Thompson Raymond, for appellee;
Edward R. Johnston and Albert E. Jenner, Jr., of counsel.
Not to be published in full. Opinion filed May 20, 1947; released for publication June 9, 1947.