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NEWELL v. NEWELL

No. 3-10-0003.

942 N.E.2d 776 (2011)

Jarred NEWELL, Plaintiff-Appellant, v. Ruth NEWELL, First Midwest Bancorp Inc., an Illinois Corporation, Defendants-Appellees.

Appellate Court of Illinois, Third District.

January 27, 2011.

Attorney(s) appearing for the Case

Daniel J. Kallan (argued), Daniel J. Kallan Ltd., Joliet, for Jarred Newell.

Joseph P. Giamanco, Giamanco & Ooink, Bolingbrook, for Ruth Newell.

Stacey Smiricky (argued), Craig M. White, Wildman, Harrold, Allen & Dixon LLP, Chicago, for First Midwest Bancorp, Inc.

OPINION

Justice LYTTON delivered the judgment of the court, with 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 saving 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...

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