FIRST NATIONAL BANK v. BARCLAY

No. 4-82-0390.

111 Ill. App.3d 162 (1982)

443 N.E.2d 780

FIRST NATIONAL BANK OF DECATUR, Plaintiff-Appellee, v. PAMELA K. BARCLAY, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Rehearing denied January 25, 1983.


Attorney(s) appearing for the Case

Denz, Lowe, Moore, McNutt & Turner, of Decatur (William A. McNutt, of counsel), for appellant.

Monroe, Wilson, Dyar, McDonald & Moss, of Decatur (Thom Moss, of counsel), for appellee.


Reversed and remanded.

JUSTICE LEWIS delivered the opinion of the court:

The facts in this case are not complex and are not a subject of dispute. In 1979, Barclay (defendant) executed a promissory note for $60,000 plus interest computed at 1% over prime. The terms of the note permitted the creditor, First National Bank of Decatur (plaintiff), to confess judgment for the principal and interest due and for reasonable attorney fees, if Barclay defaulted. On April...

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