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C.T. & T. CO. v. FIRST ARLINGTON NAT'L BANK

No. 82-1525.

118 Ill. App.3d 401 (1983)

454 N.E.2d 723

CHICAGO TITLE AND TRUST COMPANY, Plaintiff-Appellee, v. FIRST ARLINGTON NATIONAL BANK et al., Defendants — (Executive Construction, Inc., Defendant and Third-Party Plaintiff-Appellant, v. First Arlington National Bank, Defendant and Third-Party Defendant-Appellee; Dennis L. Coates, Defendant-Appellant).

Appellate Court of Illinois — First District (5th Division).

Rehearing denied October 17, 1983.

Attorney(s) appearing for the Case

Shearer, Blood, Agrella, Boose & Balog, of St. Charles (Richard H. Balog, of counsel), for appellant.

Marshall E. Winokur, of Chicago, for appellee Chicago Title & Trust Co.

Berman, Fagel, Haber, Maragos & Abrams, of Chicago (Joel A. Haber, Alvin D. Meyers, and Kenneth G. Anspach, of counsel), for appellee First Arlington National Bank.

Affirmed in part, and reversed in part and remanded.

JUSTICE LORENZ delivered the opinion of the court:

Chicago Title and Trust Company (CT&T) filed a complaint against Executive Construction, Inc. (E.C.I.), Dennis L. Coates, John and Nancy Lewis, and First Arlington National Bank (Arlington Bank), as trustee for the Lewises, seeking (1) restitution of an overpayment mistakenly made to E.C.I. from a CT&T escrow account, and (2) damages for a misrepresentation...

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