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BOATMEN'S NAT. BANK OF HILLSBORO v. WARD

No. 5-91-0169.

595 N.E.2d 622 (1992)

231 Ill. App.3d 401

172 Ill.Dec. 261

BOATMEN'S NATIONAL BANK OF HILLSBORO, Plaintiff and Counter-defendant-Appellee, v. Howard F. WARD, in an individual capacity, Howard F. Ward, as Trustee, Howard M. Ward, Mary Ann Dillon, and Sharon Lohman, Defendants and Counter-plaintiffs-Appellants.

Appellate Court of Illinois, Fifth District.

Rehearing Denied July 29, 1992.

Attorney(s) appearing for the Case

Donald W. Jenkins, C. Elizabeth Belmont, Vedder, Price, Kaufman & Kammholz, Chicago, for defendants and counter-plaintiffs-appellants.

Kelly D. Long, Kelly D. Long Law Offices, Hillsboro, Robert B. Hoemeke, Duane L. Coleman, Lewis, Rice & Fingersh, Clayton, Mo., for plaintiff and counter-defendant-appellee.

Justice HARRISON delivered the opinion of the court:

Boatmen's National Bank of Hillsboro (the Bank) filed suit in the circuit court of Montgomery County to foreclose on defendant Howard F. Ward's farm. In his answer, Ward raised as an affirmative defense that the Bank should be estopped by its misconduct from collecting the debt he owed. Based on the same allegations of misconduct, Ward also filed a counterclaim against...

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