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HERGET NATIONAL BANK v. THEEDE

No. 3-88-0543.

181 Ill. App.3d 1053 (1989)

537 N.E.2d 1109

THE HERGET NATIONAL BANK OF PEKIN, Plaintiff-Appellee, v. SCOTT THEEDE, Defendant-Appellant (Barbara Theede, Defendant).

Appellate Court of Illinois — Third District.

Opinion filed April 20, 1989.

Attorney(s) appearing for the Case

Harold N. O'Hara, of Peoria (David L. Cover, of counsel), for appellant.

Bagley, Atherton, Clark & Miller, of Pekin (Louis E. Miller, of counsel), for appellee.

Affirmed in part, and reversed in part and remanded.

JUSTICE STOUDER delivered the opinion of the court:

Scott Theede appeals from the judgment of the circuit court of Tazewell County, denying his motion to open a judgment by confession. Theede's affidavit and supplemental affidavit in support of his motion indicate that Theede held a business account with Herget National Bank and was given a $30,000 line of credit. In September of 1986, the

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