JOINER v. BENTON COMMUNITY BK.

No. 79-129.

76 Ill. App.3d 871 (1979)

395 N.E.2d 691

BILL JOINER, Plaintiff-Appellant, v. BENTON COMMUNITY BANK, Defendant-Appellee.

Appellate Court of Illinois — Fifth District.

Opinion filed September 24, 1979.


Attorney(s) appearing for the Case

Elmer Jenkins, of Benton, for appellant.

John E. Jacobsen, of Campbell, Furnall, Moore & Jacobsen, of Mt. Vernon, for appellee.


Reversed and remanded.

Mr. JUSTICE KUNCE delivered the opinion of the court:

Plaintiff appeals from a summary judgment entered by the Circuit Court of Franklin County in favor of defendant in an action for malicious prosecution.

Plaintiff is a used-car dealer who obtained financing from defendant bank. The financing was accomplished by plaintiff's executing and delivering to the bank a bill of sale, a trust receipt and a negotiable promissory note...

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