Harris Trust & Savings Bank v. McCray

In Harris Trust & Savings Bank v. McCray, 21 Ill. App. 3d 605, 316 N.E.2d 209 (1974), following a bench trial, the plaintiff was awarded judgment on its complaint for seeking money allegedly due on a credit card account for over four years. The only issue on appeal was whether the plaintiff's action was barred by the four-year statute of limitations under section 2-725 of the Uniform Commercial Code (UCC) (Ill. Rev. Stat. 1971, ch. 26, par. 2-725 (now see 810 ILCS 5/1-101 et seq. (West 2006)) for contracts for the sale of goods or the 10-year statute of limitations for written contracts. Harris Trust, 21 Ill. App. 3d at 606-07. The Harris Trust court found that the UCC limitations period did not apply because the action was not for breach of a contract for sale, but a breach of the loan agreement between the plaintiff and the defendant. Harris Trust, 21 Ill. App. 3d at 608-10. The plaintiff assumed the risk that the defendant would not pay the debt and, thus, had no recourse against the merchant for the sale of goods. Therefore, the court held that the "plaintiff's cause of action was governed by the 10-year limitation applicable to written contracts, including promises to pay money." Harris Trust, 21 Ill. App. 3d at 610.