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CITY OF CHICAGO v. DICKEY

No. 85-2610.

146 Ill. App.3d 734 (1986)

497 N.E.2d 390

THE CITY OF CHICAGO, Plaintiff, v. JOHN A. DICKEY et al., Defendants (Cosmopolitan National Bank of Chicago, as Trustee of the marital trust under the will of Nathan Weitzman, Deceased, Defendant and Counterplaintiff-Appellant; John A. Dickey et al., Defendants and Counterdefendants-Appellees).

Appellate Court of Illinois — First District (2nd Division).

Opinion filed August 12, 1986.

Attorney(s) appearing for the Case

Reif & Rosenbaum, of Chicago (Mark R. Rosenbaum, of counsel), for appellant.

Benjamin C. Duster, of Chicago, for appellees.

Reversed and remanded.

JUSTICE SCARIANO delivered the opinion of the court:

The instant case addresses the propriety of the circuit court's decision to grant John and Dorothy Dickey, appellees, summary judgment on the question of whether they were personally liable on a note they signed as co-makers, which note was secured by a trust deed encumbering certain parcels of real estate. The note was held by appellant, Cosmopolitan National Bank of Chicago.

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