Governor ex rel. Thomas v. Woodworth

Citations

• 63 Ill. 254

Syllabus

<p>1. Trustee—when may he sued hy Ms successor. A trustee appointed to succeed another, may sue his predecessor upon breaches of the conditions of his official bond, after the time limited for the completion of the duty required by the bond.</p> <p>2. Statute of limitations. Suit must be brought within 16 years, unless there be some relations existing between the parties which take the case out of the statute.</p> <p>3. Though the bond is to the Governor for the use of the people and all others interested, the fact that the State has an interest as a creditor or stockholder, does not take the case out of the statute of limitations.</p> <p>4. State sovereignty—when merged. A state, becoming a partner in business with corporations or individuals, divests itself of its sovereign character and descends to their level instead of imparting to them its own privileges and prerogatives.</p> <p>5. It follows that the statute of limitations will run against such a corporation precisely as it runs against individuals.</p> <p>6. Limitations—trusts. Though the statute of limitations has no application to a direct trust which is subject to inquiry in a court of equity only, where the question arises between the trustee and cestui que trust, it does apply to a trust in respect to which there is a remedy at law.</p>