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JEFFERSON T. & SAV. BK. v. LINCOLN NAT'L LIFE

No. 74-244.

27 Ill. App.3d 435 (1975)

325 N.E.2d 384

JEFFERSON TRUST & SAVINGS BANK OF PEORIA, Plaintiff-Appellee, v. THE LINCOLN NATIONAL LIFE INSURANCE CO., Defendant-Appellant.

Appellate Court of Illinois — Third District.

March 31, 1975.

Attorney(s) appearing for the Case

Roger E. Holzgrafe, of Westervelt, Johnson, Nicoll, & Keller, of Peoria, for appellant.

Robert C. Hall, of Davis, Morgan, & Witherell, of Peoria, for appellee.

Reversed and remanded.

Mr. JUSTICE STENGEL delivered the opinion of the court:

The assignee of a life insurance policy, Jefferson Trust & Savings Bank of Peoria (plaintiff), brought suit against defendant National Life Insurance Company to recover the cash surrender value of the policy. Both parties filed motions for summary judgment. The circuit court entered summary judgment in favor of plaintiff and defendant appeals.

The policy contained an...

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