176 N.E.2d 659 (Ill.App. 1 Dist. 1961), 48322, Robinson v. Chicago Nat. Bank
|Docket Nº:||Gen. No. 48322.|
|Citation:||176 N.E.2d 659, 32 Ill.App.2d 55|
|Party Name:||Beatrice ROBINSON, Plaintiff-Appellant, v. CHICAGO NATIONAL BANK, Trustee under Trust No. 5199, Leo Goldman, Beneficiary under the Trust No. 5199, and Sol Shapiro, Defendants-Appellees.|
|Case Date:||June 30, 1961|
|Court:||Court of Appeals of Illinois|
[32 Ill.App.2d 56] Gomberg, Levin & Gomberg, Chicago, Sidney Z. Karasik, Chicago, of counsel, for appellant.
John J. Sullivan, Chicago, Gerald M. Chapman, Chicago, of counsel, for appellees.
On January 9, 1959, Beatrice Robinson filed a complaint to recover damages for personal injuries alleged to have been sustained on October 11, 1957, in an apartment[32 Ill.App.2d 57] building in Chicago, title to which was held in trust by the Chicago National Bank as trustee under a trust agreement. The bank moved to dismiss contending that as the holder of the naked title it did not operate, possess or control the premises. On April 8, 1959, the bank answered interrogatories, stating that Leo Goldman was the beneficiary of the trust and that Sol Shapiro was the manager of the building. On November 20, 1959, slightly more than a month after the two-year Statute of Limitations had run, plaintiff obtained leave to file an amended complaint adding Goldman and Shapiro as additional parties defendant. The additional defendants were served on December 10, 1959, and filed a motion to dismiss, alleging that the action was barred by the Statute of Limitations. Plaintiff, by counteraffidavit, asserted that Sec. 46(4) of the Civil Practice Act, Ill.Rev.Stat.1959, c. 110, § 46(4) applied to defeat this defense. The court entered judgment in favor of all the defendants, whereupon plaintiff appealed. She concedes the correctness of the judgment in favor of the bank as trustee.
The amended complaint alleges that the trustee held naked title to the premises as the agent of Goldman, who was the equitable owner, operating, possessing and controlling the apartment building which was managed by the defendant Shapiro as the agent of Goldman and the trustee. Except for the allegations as to parties, the complaint and amended complaint are identical,
both claiming that the defendants negligently permitted the carpet and rubber mat on the stairway to become torn, loose and otherwise in bad condition, and the lights to become inoperative. On deposition Shapiro testified that his primary duty with respect to the building was the collection of rents. When the tenants contacted him about conditions in the building he referred them to the janitor or to Goldman.
[32 Ill.App.2d 58] The land trust is a device by which the real estate is conveyed to a trustee under an arrangement reserving to the beneficiaries the full management and control of the property. The trustee executes deeds, mortgages or otherwise deals with the property at the written direction of the beneficiaries. The beneficiaries collect rents, improve and operate the property and exercise all rights of ownership other than holding or dealing with the legal title...
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