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BURR v. STATE BANK OF ST. CHARLES

Gen. No. 10,484.

344 Ill. App. 332 (1951)

100 N.E.2d 773

James H. Burr, Plaintiff-Appellant, v. State Bank of St. Charles, Defendant-Appellee.

Appellate Court of Illinois.

Rehearing October 4, 1951.

Released for publication October 4, 1951.

Attorney(s) appearing for the Case

C. SIDNEY VAN DUZER, of Rockford, for appellant.

HEMPSTEAD & GREEN, of St. Charles, and NEWHALL & GIVLER, of Aurora, for appellee; D.A. GREEN, of Rockford, and DAVID B. GIVLER, of Aurora, of counsel.

MR. JUSTICE DOVE delivered the opinion of the court.

The original complaint in this cause was filed June 23, 1941. Subsequently, a second amended complaint containing two counts was filed November 10, 1949. Count I is an equity count for a discovery and an accounting, and count II is at law for damages. Count I alleged that appellant owned a farm and the appellee became the owner of certain indebtedness secured by two mortgages on it and that as further security for...

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