Curran v. Harris Trust & Sav. Bank, Gen. No. 46221

• Decision Date: 11 May 1954
• Docket Number: Gen. No. 46221
• Court: United States Appellate Court of Illinois
• Parties: CURRAN v. HARRIS TRUST & SAVINGS BANK. HARRIS TRUST & SAVINGS BANK v. CURRAN. Appeal of NASH.

Page 483

119 N.E.2d 483 2 Ill.App.2d 395 CURRAN
v.
HARRIS TRUST & SAVINGS BANK.
HARRIS TRUST & SAVINGS BANK
v.
CURRAN.
Appeal of NASH. Gen. No. 46221. Appellate Court of Illinois, First District, Second Division. May 11, 1954.

Clark & Fisher, Chicago, William E. Moran, Chicago, of counsel, for Thomas D. Nash, Adm'r of Estate of Helen Carlin, deceased.

Chapman & Cutler, Chicago, Eckert, Peterson & Lowry, Chicago, Roscoe C. Nash, Keehn [2 Ill.App.2d 396] Landis, Walter W. Ross, Jr., and Robert G. Schloerb, Chicago, of counsel, for Harris Trust & Savings Bank.

ROBSON, Justice.

This is an interpleader action arising out of the counterclaim filed by counterplaintiff Harris Trust and Savings Bank. After the trial court entered the final decree of interpleader, an order was entered allowing counterplaintiff $1,725 for its attorneys' fees and $273.62 for its costs and expenses. This is an appeal taken by counterdefendant Thomas D. Nash, administrator of the estate of Helen Carlin, deceased, from said order. On a prior interlocutory appeal, Curran v. Harris Trust and Savings Bank, 348 Ill.App. 210, 108 N.E.2d 729, this court sustained an order of the trial court denying counterdefendant's motion to strike counterplaintiff's amended and supplemental counterclaim for interpleader and injunction.

The sole issue that is raised on this appeal is the propriety of the order of the trial court allowing counterplaintiff its attorneys' fees and expenses. The essential facts for the decision of this point are that in counterplaintiff's amended and supplemental counterclaim the only reference made to any claim by it for said fees and expenses is in the prayer for relief which reads as follows:

'4. That the counterplaintiff be allowed its just costs, disbursements and allowances herein out of said sum of $21,905.65.'

The final decree required the counterplaintiff to deposit the sum of $22,387.44. This deposit was made subject to the rights, if any, of counterplaintiff in said sum to be reimbursed for costs, fees and expenses. It will be noted that the first mention of the word 'fees' was in the decree. The decree

Page 484

allowed counterplaintiff leave to file its petition for reimbursement for costs, [2 Ill.App.2d 397] fees and expenses within five days and the parties of record were given leave to answer within fifteen days. It reserved jurisdiction in the court for the purpose of determining any issues raised by such petition. Counterplaintiff filed its petition pursuant to the decree and alleged that the funds involved in the...