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Appellate Court of Illinois


MidAmerica Bank, FSB v. Charter One Bank, FSB, 2-07-0064, 2-07-0158

Judgment for the plaintiff arising out of a claim to recover the value of a cashier's check defendant had refused to honor is reversed in part and affirmed in part where: 1) a cashier's check must be treated as a note and all the defenses to enforcement of a note apply; 2) because the trial court found that the cashier's check was procured by fraud defendant has a valid defense against plaintiff's right to enforce; and 3) the court affirms teh courts refusal to award attorney's fees to plaintiff.

Appellate Information

  • Decided 06/02/2008
  • Published 06/02/2008

Judges

  • Justice O'MALLEY delivered the opinion of the court:

Court

  • Appellate Court of Illinois

Counsel

  • For Appellant:
  • Richard J. Nogal, Martha K. Milia, Goldstine, Skrodzki, Russian, Nemec & Hoff, Ltd., Burr Ridge, for Charter One Bank, N.A., Patrick J. Williams, Vincent C. Mancini, Ekl Williams PLLC, Lisle, for MidAmerica Bank., James E. Musial, Law Offices of James E. Musial, Wheaton, for Essential Technologies of Illinois, Inc., David Hernandez, Gina Hernandez.

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