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BEN FRANKLIN FINANCIAL CORP. v. DAVIS

Nos. 1-89-3061, 1-90-0095.

589 N.E.2d 857 (1992)

226 Ill. App.3d 414

168 Ill.Dec. 457

BEN FRANKLIN FINANCIAL CORPORATION, a Delaware corporation, as successor to Uptown Federal Savings, F.A., successor by merger to Ben Franklin Savings and Loan Association, Plaintiff-Appellee, v. Terry A. DAVIS, Valerie Davis, and Chicago Title & Trust Co., as Trustee under Trust No. 59130, Defendants-Appellants.

Appellate Court of Illinois, First District, Third Division.

March 4, 1992.

Attorney(s) appearing for the Case

Ronald J. Broida, David G. Pribyl, Summit, for defendants-appellants.

Lewis, Overbeck & Furman, Chicago (Paul V. Esposito, Douglas A. Lindsay, of counsel), for plaintiff-appellee.

Justice RIZZI delivered the opinion of the court:

Plaintiff Ben Franklin Financial Corporation brought this action to recover the unpaid principal, interest and attorney fees as the result of the default on a promissory note executed by defendants Terry A. and Valerie Davis (Davis). Defendant Chicago Title & Trust Company is trustee under trust No. 59130 of collateral secured under the note, but is not a party to this appeal. The trial court granted plaintiff...

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