Lofthouse v. Suburban Trust & Savings Bank

Plaintiff presents the following issue for review: whether the trial court erred in dismissing plaintiff’s complaint pursuant to section 2— 619 of the Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, par. 2 — 619), where it was not shown that his action was barred by a statute of limitations because: (a) the pleading attacked did not affirmatively show that the action was barred by the appropriate statute of limitations; (b) whether there was a loss to defendants due to plaintiff’s delay is a question of fact that the court below improperly disposed of in granting defendants’ section 2…