Roth v. Northern Assurance Co. Ltd.

This case involves the construction and application of section 24 of the Limitations Act which provides .that “if the plaintiff be nonsuited,” and the time limited for bringing the action has run during the pendency of the action in which the nonsuit was entered, the plaintiff may commence a new action within one year. (Ill. Rev. Stat: 1963, chap. 83, par. 24a.) The circuit court of Cook County held that section 24 does not apply to a new action to recover upon fire insurance policies, commenced within one year after the original action, brought in a federal district court, had been dismissed…