American Terra Cotta & Ceramic Co. v. Bankers Surety Co.
Appellate Court of Illinois
Appeal from the Municipal Court of Chicago; the Hon. William N. Gemmill, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1915.
1Opinion of the CourtJustice McGoorty
The surety bond contained the following provision: “ * * * That any suits at law * * * brought against this bond, to recover any claim hereunder, must be instituted within six months after the first breach of said contract, * *
In view of the conclusion reached by this court, it will be only necessary to consider the foregoing limitation in said bond.
Plaintiff contends that the printed provisions in said bond, including the limitation provision in question, are inapplicable to the contract entered into by plaintiff and the Sollitt Company. In this regard, plaintiff contends that the written…
2Cases cited5 opinions
- Lesher v. United States Fidelity & Guaranty Co.Illinois Supreme Court · 1909
- Weston v. State Mutual Life Assurance Co.Illinois Supreme Court · 1908
- Peck v. Scoville Manufacturing Co.Appellate Court of Illinois · 1891
- Western Tube Co. v. Aetna Indemnity Co.Appellate Court of Illinois · 1913
- Brown v. Massachusetts Bonding & InsuranceAppellate Court of Illinois · 1912
3Cited by3 opinions
- Buysse v. Connecticut Fire InsuranceAppellate Court of Illinois · 1926
- Board of Education of Community High School District No. 99 v. Hartford Accident & Indemnity Co.Appellate Court of Illinois · 1987
- Oakley Grain & Supply Co. v. Indemnity Insurance Co. of North AmericaDistrict Court, S.D. Illinois · 1959