JOHN J. MCMAHON,Claimant, v. THE STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought payment on bond coupons from a 1924 highway bond issue that were due in March 1934. The court dismissed the claim as barred by the statute of limitations because the cause of action accrued in 1934 and neither the five-year Court of Claims Act limit nor the ten-year Code of Civil Procedure limit had been met.
Statutes cited: Ill. Rev. Stat. 1985, ch. 37, par. 439.22(a); Ill. Rev. Stat. 1985, ch. 110, par. 13-206
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Headnotes
- NEIL F. HARTIGAN, Attorney General (JAMES C. MAJORS, Assistant Attorney General, of counsel), for Respondent.
- LrMrTATioNs-contract actions-limitations period. Pursuant to section 22 of the Court of Claims Act, all claims arising out of a contract must be filed within five years after the claim accrues.
- SAME-bonds, actions on-limitations period. Section 13-206 of the Code of Civil Procedure provides that actions on bonds shall be commenced within 10 years after the action accrues.
- SAME-bond coupons-highway issue-limitations period expiredclaim dismissed. A claim for the payment of bond coupons which were attached to bonds issued pursuant to a State highway bond issue in 1924 was dismissed as barred by the statute of limitations, since the cause of action arose in 1934 and was clearly barred many years ago.
This cause coming to be heard on Respondent’s motion to dismiss, due notice having been given, and this Court being fully advised in the premises:
Finds that the Claimant has presented for payment bond’ coupons stating on their face that “On the First Day of Mar. 1934, the State of Illinois Promises to Pay to Bearer Forty Dollars.” These coupons came attached to bonds issued pursuant to a State highway bond issue of June 1, 1924. The coupons were for interest to be paid each year of the life of the bonds.
This Court finds that the coupons are not currency with an indefinite life, but rather are evidence of indebtedness payable on a stated date.
The Court of Claims Act provides: [*207] "Sec. 22 (a). All claims arising out of a contract must be filed within 5 years after it first accrues ' ' "." (Ill. Rev. Stat. 1985, ch. 37, par. 439.22(a).)
The Code of Civil Procedure provides: "Sec. 13-206. " ' " actions on bonds " " shall be commenced within 10 years next after the cause of action accrued " " "." (Ill. Rev. Stat. 1985, ch. 110, par. 13-206.)
Additionally, this Court finds that a cause of action for payment on the coupons arose in March 1934. Therefore, under either of the above acts, the claim was barred by the statute of limitations many years ago. This Court has no jurisdiction to hear this claim. Therefore it is ordered that this claim be dismissed with prejudice.