Gridley v. Barnes

Citations

• 103 Ill. 211
• 1882 Ill. LEXIS 168

Syllabus

<p>1. Limitations—action for statutory penalty—as, to enforce the liability of trustees and corporators of insurance companies. The 14th section of the Statute of Limitations provides: “Actions for a statutory penalty shall be commenced within two years next after the cause of action accrued. ”</p> <p>2. The liability of the trustees and corporators of insurance companies, arising under the 16th section of the general law in relation to insurance, approved March 11, 1869, is imposed, not as upon contract, but by way of a statutory penalty only. So a cause of action arising under that section is within the 14th section of the Limitation law, and will be barred after two years from the time it accrued, if suit be not brought within that time.</p> <p>3. Same—effect of saving clause in acts repealing certain statutes of limitation^—former decision. The 14th section of the Statute of Limitations referred to is a part of the act approved April 4, 1872, and the 24th section of the same act (which repeals certain former acts of limitation) contains a saving clause, that “this section shall not be construed so as to affect any rights or liabilities or any causes of action that may have accrued before this act shall take effect.” A cause of action arising under section 16 of the general Insurance law was not embraced in any of the statutes repealed by the 24th section. Prior to 1872 there was no general Limitation law in cases of actions for statutory penalties. So such causes of action are in no way affected by that saving clause.</p> <p>4. In the case of Dickson v. Chicago, Burlington and Quincy R. R. Co. 77 Ill. 331, the saving clause in section 24 of the Limitation act of 1872 was construed as if the words “this act” had been used instead of the words “this section.” This construction was given in respect to a cause of action embraced in the Limitation act of 1849, but the saving clause so construed does not affect causes of action not embraced in the statutes repealed by