Legal Opinion

Equitable Trust Co. v. Jennings

Appellate Court of Illinois

Decided November 9, 1914No. Gen. No. 19,685PublishedCited by 2 opinions

Error to the Circuit Court of Cook county; the Hon. Charles M. Walker, Judge, presiding. Heard in this court at the March term, 1914.

1Opinion of the CourtJustice Baker

If plaintiff in error ever was entitled to the income which she now claims, she became so entitled on the death of her husband, George F. Jennings, February 19, 1902; yet she made no claim to such income until June 5, 1911, when she filed her answer and cross-bill. We find in the cross-bill no averment sufficient to bar the defense of laches, and upon that ground we think the demurrer to the cross-bill was properly sustained.

Plaintiff in error was a defendant to the bill filed by the trustee November 1, 1903, for the purpose inter alia of obtaining a decree, “ratifying, affirming and…

2Cases cited2 opinions

  1. Hemenway v. HemenwayMassachusetts Supreme Judicial Court · 1898
  2. Roby v. Calumet & Chicago Canal & Dock Co.Illinois Supreme Court · 1896

3Cited by2 opinions

  1. Bank of California, N.A. v. AgerWashington Supreme Court · 1941
  2. First Nat. Bank of Chicago v. PiagetAppellate Court of Illinois · 1954

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