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CHICAGO TITLE & TRUST CO. v. WALSH

No. 59504.

34 Ill. App.3d 458 (1975)

340 N.E.2d 106

CHICAGO TITLE AND TRUST COMPANY, Plaintiff-Appellee, Appellant and Cross-Appellant, v. JACK WALSH et al., Defendants-Appellants, Appellees and Cross-Appellees. — GALE L. MARCUS et al., Plaintiffs-Appellants, Appellees and Cross-Appellees, v. CHICAGO TITLE AND TRUST COMPANY, Defendant-Appellee, Appellant and Cross-Appellant.

Appellate Court of Illinois — First District (3rd Division).

November 20, 1975.

Attorney(s) appearing for the Case

Arnstein, Gluck, Weitzenfeld & Minow, Louis Lehr, and Gale Marcus, all of Chicago, for appellants.

Richard S. Wisner, of Gilmartin, Wisner & Hallenbeck, Dom J. Rizzi, and Jack R. Pine, all of Chicago, for appellees.

Reversed and remanded.

Mr. JUSTICE DEMPSEY delivered the opinion of the court:

Chicago Title and Trust Company filed an action to prohibit the negotiation of drafts it issued through an escrow to numerous creditors of Jack Walsh, who founded the escrow with a forged certified check in the sum of $2,500,000. Four of the drafts had been issued on behalf of or to Gale Marcus, Max Munson and Carl Verive. The title company also asked rescission of the escrow and...

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