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BOATMEN'S BANK v. ADAMS

Nos. 4-89-0009, 4-89-0036 cons.

191 Ill. App.3d 176 (1989)

547 N.E.2d 742

BOATMEN'S BANK OF CAPE GIRARDEAU, Plaintiff-Appellant, v. STANLEY N. ADAMS, JR., Defendant-Appellee. — BOATMEN'S BANK OF CAPE GIRARDEAU, Plaintiff, v. STANLEY N. ADAMS, JR., Defendant and Third-Party Plaintiff-Appellant (Sieben, Inc., d/b/a Plaza Motor Company, et al., Third-Party Defendants-Appellees).

Appellate Court of Illinois — Fourth District.

Opinion filed November 30, 1989.

Attorney(s) appearing for the Case

Jeffry P. Hine, of Oliver, Oliver, Waltz & Cook, P.C., of Cape Girardeau, Missouri, for appellant Boatmen's Bank of Cape Girardeau and appellee Roger D. Davault.

Alex M. Kanter, of Herzog, Ahlquist, Kanter & Hoffert, of St. Louis, Missouri, for appellee Sieben, Inc.

James M. Drake, of Holley, Keith & Huntley, of Springfield, for Stanley N. Adams, Jr.

Judgment affirmed in 4-89-0036 Reversed in part and remanded in 4-89-0009.

JUSTICE KNECHT delivered the opinion of the court:

Plaintiff, a Missouri bank, filed a replevin action in Sangamon County to recover a car to which it has title and a perfected security interest. Plaintiff loaned money to Roger Davault (Davault) to purchase the car. Six months later he returned the car to the dealer (Sieben, Inc., d/b/a Plaza Motors) for repair and resale. Michael Sheahan...

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