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BONHIVER v. STATE BANK OF CLEARING

No. 55884.

29 Ill. App.3d 794 (1975)

331 N.E.2d 390

HOMER A. BONHIVER, Plaintiff-Appellee, v. STATE BANK OF CLEARING, Defendant-Appellant. — (JAMES BAYLOR, Director of Insurance, Intervenor-Appellant.)

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

Rehearing denied July 17, 1975.

Attorney(s) appearing for the Case

Sundheim, Morgan & Sundheim, of Chicago (David A. Stall, of counsel), for appellant State Bank of Clearing.

Leonard M. Ring and Ellis B. Rosenzweig, both of Chicago, for appellant James Baylor.

James B. O'Shaughnessy and Martha M. Jenkins, both of Chicago, for appellee.

Judgment reversed.

Mr. JUSTICE MEJDA delivered the opinion of the court:

Plaintiff, Homer A. Bonhiver (Bonhiver), as the Minnesota court receiver of American Allied Insurance Company, a Minnesota corporation (American Allied), filed a fourth amended complaint which sought to impress a constructive trust as to a certain Time Certificate of Deposit No. 2170 [TCD 2170], issued by defendant State Bank of Clearing, an Illinois banking corporation [State Bank],...

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