KOUBA v. EAST JOLIET BANK

No. 3-84-0392.

135 Ill. App.3d 264 (1985)

481 N.E.2d 325

WALTER KOUBA et al., Plaintiffs-Appellants, v. EAST JOLIET BANK et al., Defendants-Appellees.

Appellate Court of Illinois — Third District.

Opinion filed July 19, 1985.


Attorney(s) appearing for the Case

Alan R. Bruggeman, of Condon & Bruggeman, of New Lenox, for appellants.

James R. Fabrizio, of Garrison, Fabrizio & Hanson, Ltd., of Joliet, for appellee Kiester's Garage.

Russell H. Loverude and Pamela E. Davis, both of Thomas, Wallace, Feehan, Baron & Kaplan, Ltd., of Joliet, for appellee East Joliet Bank.


Affirmed in part, and reversed in part and remanded.

PRESIDING JUSTICE HEIPLE delivered the opinion of the court:

This is an appeal from an order of summary judgment entered in favor of defendants East Joliet Bank and Dave Kiester, d/b/a Kiester's Garage. The bank held a security interest in a Ford Bronco truck purchased by the plaintiffs, Walter and Acelia Kouba. Because the plaintiffs were in default on their monthly loan payments, the bank contracted with...

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