Larkin v. Gerhardt

Decision Date21 April 1959
Docket NumberGen. No. 47,550.
Citation21 Ill. App.2d 122,157 N.E.2d 426
PartiesWilliam D. Larkin, Plaintiff-Appellant, v. William Gerhardt, Defendant-Appellee.
CourtUnited States Appellate Court of Illinois

Frank Kirk, for plaintiff-appellant.

Schuyler, Stough & Morris (Joseph R. Julin, John A. Collins, of counsel) for defendant-appellee.

(Abstract of Decision.)

Opinion by PRESIDING JUSTICE LEWE.

Affirmed.

Not to be published in full.

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6 cases
  • Colucci v. Chicago Crime Commission
    • United States
    • United States Appellate Court of Illinois
    • August 5, 1975
    ...the allegation in his complaint. However, where the statute of limitations in involved, a precise date is necessary. (Larkin v. Gerhardt, 21 Ill.App.2d 122, 157 N.E.2d 426.) In Larkin, the plaintiff sued for alleged libel and slander. In his complaint, the plaintiff had alleged republicatio......
  • Barnes v. Callaghan & Co., s. 76-1654
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • July 29, 1977
    ...735, 342 N.E.2d 329 (1976); Colucci v. Chicago Crime Commission, 31 Ill.App.3d 802, 334 N.E.2d 461 (1975); Larkin v. Gerhardt, 21 Ill.App.2d 122, 157 N.E.2d 426 (1959) (abst. op.). We cannot agree with the district judge that the gravamen of the original complaint "was clearly the injury to......
  • Millsaps v. Bankers Life Co.
    • United States
    • United States Appellate Court of Illinois
    • February 10, 1976
    ...introduced by an amended complaint is regarded as a new suit commenced on the date the amended complaint was filed. (Larkin v. Gerhardt, 21 Ill.App.2d 122, 157 N.E.2d 426; see also Tom Olesker's Fashion v. Dun & Bradstreet, 61 Ill.2d 129, 131-132, 334 N.E.2d 160.) Inasmuch as the date of pu......
  • Stephenson v. Air Products & Chemicals, Inc.
    • United States
    • United States Appellate Court of Illinois
    • October 10, 1969
    ...by the Statute of Limitations (Ch. 83, sec. 15, Ill.Rev.Stat.1967). We have examined the authorities cited (Larkin v. Gerhardt, 21 Ill.App.2d 122, 157 N.E.2d 426, 171 A.L.R. 1087) and do not find them in point. Plaintiff, in his amendment, did not allege a new cause of action--he enumerated......
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