GERBER v. CONTINENTAL ILL. NAT. BANK & TRUST CO.

Gen. No. 47,089.

16 Ill. App.2d 379 (1958)

148 N.E.2d 597

Joseph S. Gerber, Director of Insurance of State of Illinois, as Liquidator of United States Mutual Insurance Company, Appellant, v. Continental Illinois National Bank and Trust Company of Chicago, a national banking association, Appellee.

Appellate Court of Illinois — First District, Second Division.

Released for publication April 2, 1958.


Attorney(s) appearing for the Case

Albert E. Jenner, Jr. and Prentice H. Marshall, of Chicago, for Joseph S. Gerber.

Mayer, Friedlich, Spiess, Tierney, Brown & Platt, of Chicago (Frank D. Mayer, Louis A. Kohn, and Dwight W. Fawcett, of counsel) for defendant-appellee.


PRESIDING JUSTICE KILEY delivered the opinion of the court.

This is the second appeal in this action, which began as an accounting suit by United States Mutual Insurance Company, called company herein, against former directors and officers. The director of insurance of the state of Illinois was appointed liquidator of the company after suit was filed and was substituted as plaintiff. He filed an amended complaint against defendant Continental Bank to recover $217...

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