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FARMERS & MERCHANTS BANK v. DAVIS

No. 2-85-0949.

151 Ill. App.3d 929 (1987)

503 N.E.2d 565

FARMERS & MERCHANTS BANK, Plaintiff and Counterdefendant-Appellee, v. LAVERNE DAVIS et al., Defendants and Counterplaintiffs-Appellants (Economy Fire & Casualty Company, Defendant and Counterdefendant-Appellee; Dean Lyman, d/b/a Dean Lyman Agency, Third-Party Defendant).

Appellate Court of Illinois — Second District.

Opinion filed January 13, 1987.

Attorney(s) appearing for the Case

Scott R. Erwin, of De Kalb, for appellants.

James R. Buck, of Klein, Stoddard & Buck, of Sycamore, for appellee Farmers & Merchants Bank.

Louis W. Brydges, Jr., of Brydges, Riseborough, Morris, Franke & Miller, of Waukegan, for appellee Economy Fire & Casualty Company.

Affirmed in part, and reversed in part and remanded.

JUSTICE HOPF delivered the opinion of the court:

This appeal arises from an attempt by plaintiff, Farmers & Merchants Bank, to recover on a check cashed in the bank by defendants, the Davises, after payment had been stopped on the check. Payment had been stopped because the issuer, Economy Fire & Casualty Company, had previously received an NSF check from the Davises in payment of an insurance premium...

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