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MIDWEST BANK & TRUST CO. v. SERVER

Gen. No. 48,923.

45 Ill. App.2d 153 (1963)

193 N.E.2d 203

Midwest Bank & Trust Co., Plaintiff-Appellee, v. David L. Server, Defendant-Appellant.

Appellate Court of Illinois — First District, Third Division.

December 20, 1963.

Attorney(s) appearing for the Case

Marvin Patrick Cohen, of Chicago, for appellant.

Cummings & Wyman, of Chicago (Stanley M. Cahn, of counsel), for appellee.

MR. PRESIDING JUSTICE SCHWARTZ delivered the opinion of the court.

Defendant appeals from an order which denied his motion to open a judgment confessed against him and confirmed the judgment. The cognovit was part of an instrument of guaranty signed by defendant and executed for the purpose of obtaining credit from plaintiff bank for Pam-Deb, Inc., a corporation engaged in the business of selling new and used automobiles...

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