AETNA CAS. & SUR. CO. v. OAK PARK TR. & SAV. BANK

No. 87-2638.

168 Ill. App.3d 1000 (1988)

523 N.E.2d 117

AETNA CASUALTY AND SURETY COMPANY, Plaintiff-Appellee and Cross-Appellant, v. OAK PARK TRUST AND SAVINGS BANK, Defendant-Appellant and Cross-Appellee.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed April 13, 1988.


Attorney(s) appearing for the Case

Spitzer, Addis, Susman & Krull, of Chicago (Michael B. Susman and Jane Shroba, of counsel), for appellant.

Baker & McKenzie, of Chicago (Francis D. Morrissey, John W. Dondanville, and John C. Filosa, of counsel), for appellee.


Judgment affirmed.

JUSTICE McNAMARA delivered the opinion of the court:

Defendant Oak Park Trust and Savings Bank appeals from the entry of summary judgment in favor of plaintiff Aetna Casualty and Surety Company on plaintiff's claim seeking to recover restitution payments which plaintiff maintains were improperly paid to defendant in contravention of the provisions of a banker's blanket bond. On appeal, Oak Park Trust claims that the trial court erred in...

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