Newell v. Newell

Justice O’Brien concurred in the judgment and opinion.

Justice Schmidt dissented, with opinion.

OPINION

Jarred Newell filed a complaint against his mother, Ruth Newell, and First Midwest Bancorp Inc. (FMB), alleging conversion and breach of contract involving Ruth’s unauthorized withdrawal of funds from a savings account in his name. The trial court ruled that Jarred’s complaint was barred by the three-year statute of limitations in section 4 — 111 of the Uniform Commercial Code — Bank Deposits and Collections (UCC) (810 ILCS 5/4 — 111 (West 2006)) and granted FMB’s motion for summary judgment.…