(DOWNLOAD) "Ralph E. Armstrong Et Al. v. Walter F." by Supreme Court of Illinois * eBook PDF Kindle ePub Free

eBook details

Title: Ralph E. Armstrong Et Al. v. Walter F.
Author : Supreme Court of Illinois
Release Date : January 18, 1996
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 73 KB

Description

JUSTICE McMORROW delivered the opinion of the court: In this case, we are asked to decide whether the 10-year statute of limitations for actions on a written contract (735 ILCS 5/13--206 (West 1992)), or the five-year statute of limitations for ""all civil actions not otherwise provided for"" (735 ILCS 5/13--205 (West 1992)), applies to a cause of action for breach of an implied fiduciary duty. A divided appellate court held that the implied duty at issue here was ""created in a written document"" and therefore the longer period of limitations controlled. 273 Ill. App. 3d 85, 652 N.E.2d 355, 209 Ill. Dec. 815. We granted leave to appeal (155 Ill. 2d R. 315) and now reverse the judgment of the appellate court.