FIRST NAT'L BK. OF LINCOLN v. BROWN

No. 16020.

90 Ill. App.3d 215 (1980)

412 N.E.2d 1078

FIRST NATIONAL BANK OF LINCOLN, Plaintiff-Appellee, v. THOMAS R. BROWN et al., Defendants-Appellants.

Appellate Court of Illinois — Fourth District.

Rehearing denied December 8, 1980.


Attorney(s) appearing for the Case

Mitchem, Tepper & Gwinn, of Urbana (Mitchel Tepper and Kenneth N. Beth, of counsel), for appellants Thomas R. Brown, Lawrence E. Olsen, and L.Z. Reece.

Gaston & Goldstein, of Urbana (William M. Goldstein, of counsel), for appellants Paul G. Clark and Buannah Clark.

Harris & Harris, of Lincoln (Homer B. Harris, Jr., and Thomas M. Harris, of counsel), for appellee.


Judgment reversed.

Mr. JUSTICE CRAVEN delivered the opinion of the court:

Defendants appeal a judgment of foreclosure. They assert that the First National Bank in Lincoln (Bank) should not be permitted to exercise the acceleration clause in a promissory note securing the mortgage.

On April 4, 1977, Thomas R. Brown, Lawrence E. Olsen, and L.Z. Reece (defendants) entered into a partnership agreement for the operation of Lincoln Bonanza Sirloin Pit Restaurant...

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