Opinion
Gen. No. 44,203. (Abstract of Decision.)
Opinion filed April 21, 1948 Released for publication May 7, 1948
LIMITATIONS OF ACTION, § 56 — unauthorized judgment against defendant on counterclaim. In action on account stated for money advanced to defendant, wherein defendant counterclaimed for balance allegedly due him under agreement with plaintiff for division of profits on transactions in real estate, and plaintiff set up statute of limitations in bar of counterclaim, judgment against defendant on counterclaim premised upon legal question presented by defense of limitations was unauthorized where plaintiff and defendant each held claims, subject of amended statement of claim and counterclaim, when statute had run against items in counterclaim, the barred items thereby being exempt from statute (Ill. Rev. Stat. 1947, ch. 83, par. 18; Jones Ill. Stats. Ann. 107.277).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. JOSEPH B. HERMES, Judge, presiding.
Reversed and remanded. Heard in the third division, first district, this court at the October term, 1947.
Whitty McGah, for appellant;
Arthur W. Kennelly, of counsel;
Mitchell Kilanowski, for appellee.
Not to be published in full. Opinion filed April 21, 1948; released for publication May 7, 1948.