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GERBER v. FIRST NATIONAL BANK

No. 60513.

30 Ill. App.3d 776 (1975)

332 N.E.2d 615

MARTIN S. GERBER, Plaintiff-Appellant, v. FIRST NATIONAL BANK OF LINCOLNWOOD, Defendant-Appellee. — FIRST NATIONAL BANK OF LINCOLNWOOD, Plaintiff-Appellee, v. MARTIN S. GERBER, Defendant-Appellant.

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

July 17, 1975.

Attorney(s) appearing for the Case

Louis I. Kessler, Mark A. Greenhouse, Teller, Levit & Silvertrust, and Peter Carey, all of Chicago, for appellant.

Donald R. Harris, of Jenner & Block, of Chicago, for appellee.

Reversed and remanded.

Mr. JUSTICE DEMPSEY delivered the opinion of the court:

This is an appeal by Martin S. Gerber from adverse judgments in two consolidated cases. Gerber filed a declaratory judgment action praying that a promissory note executed by him, held by the First National Bank of Lincolnwood, be declared unenforceable and that confession on the note be restrained. Despite the pending action, in which it had filed a motion to dismiss, the bank confessed...

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