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ZION STATE BK. & T. CO. v. EFRAIM CARLSON & SON, INC.

No. 77-1137.

68 Ill. App.3d 930 (1979)

386 N.E.2d 872

ZION STATE BANK AND TRUST COMPANY, Plaintiff-Appellant, v. EFRAIM CARLSON & SON, INC., Defendant-Appellee.

Appellate Court of Illinois — First District (1st Division).

Modified on denial of rehearing March 12, 1979.

Attorney(s) appearing for the Case

Raymond L. Jones and Arno E. Gerbrecht, both of Elgin, for appellant.

Robert J. Lifton, of Neistein, Richman, Hauslinger & Young, Ltd., of Chicago, for appellee.

Appeal dismissed.

Mr. JUSTICE McGLOON delivered the opinion of the court:

This is an action to recover proceeds of a check cashed by plaintiff Zion State Bank and Trust Company, as a holder in due course, against defendant Efraim Carlson & Son, Inc., the maker. Initially, defendant's bank, First Trust and Savings Bank, refused to honor the check arguing that it was not properly endorsed by the payee, Allstrom Heating. After the check was re-endorsed, defendant...

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