BOATMEN'S NAT. BANK. v. BENTON

No. 5-90-0349.

579 N.E.2d 9 (1991)

219 Ill. App.3d 117

161 Ill.Dec. 752

BOATMEN'S NATIONAL BANK OF BELLEVILLE, Plaintiff-Appellee, v. Ivadell BENTON and Sarah Benton-Leavitt, Defendants-Appellants.

Appellate Court of Illinois, Fifth District.

Rehearing Denied October 4, 1991.


Attorney(s) appearing for the Case

Melvin W. Trotier, Belleville, for defendants-appellants.

Steven M. Wallace, Carr, Korein, Tillery, Kunin, Montroy, Glass and Bogard, East St. Louis, for plaintiff-appellee.


Justice CHAPMAN delivered the opinion of the court:

On September 24, 1986, defendants, Ivadell Benton and Sarah Benton-Leavitt, entered into a contract of guaranty with plaintiff, Boatmen's National Bank of Belleville. This instrument, denominated as a "continuing, absolute, unconditional guarantee", was given in consideration of any credits or advances to be made to "The Cowboy Shop." The contract provided in part:

"This guaranty is absolute and is not affected...

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