TELEGRAPH SAV. & LOAN v. GUARANTY BK. & T.

No. 77-953.

67 Ill. App.3d 790 (1978)

385 N.E.2d 97

TELEGRAPH SAVINGS & LOAN ASSOCIATION, Plaintiff-Appellant, v. GUARANTY BANK & TRUST COMPANY et al., Defendants. — (HAROLD COHEN et al., Defendants-Appellees.)

Appellate Court of Illinois — First District (2nd Division).

Opinion filed December 29, 1978.


Attorney(s) appearing for the Case

Lord, Bissell & Brook, of Chicago (Hugh C. Griffin, Robert C. Bramlette, Jr., and Kenneth R. Wylie, of counsel), for appellant.

Greenberger, Krauss & Jacobs, Chartered, of Chicago (Stephen A. Cohen and Michael P. Boyd, of counsel), for appellees.


Reversed and remanded.

Mr. JUSTICE DOWNING delivered the opinion of the court:

This case involves (1) the failure of the trial court to enforce the borrowers' personal guaranty upon default of a $75,000 loan with a deficiency of $20,036.86 after the foreclosure sale of the real estate securing the loan; and (2) the trial court's failure to permit a recovery of unpaid rents due under the leases assigned as additional security for the loan.

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