ILOH v. STEIN

No. 3-91-0097.

589 N.E.2d 1054 (1992)

226 Ill. App.3d 644

168 Ill.Dec. 654

Dan ILOH, Plaintiff-Appellant, v. Eleanor STEIN, Defendant-Appellee.

Appellate Court of Illinois, Third District.

March 20, 1992.


Attorney(s) appearing for the Case

Diane Greanias, Warren E. Danz, P.C., Peoria, for Dan Iloh.

Bradley W. Dunham (argued), Quinn, Johnston, Henderson & Pretorius, Chartered, Peoria, for Eleanor Stein.


Justice McCUSKEY delivered the opinion of the court:

Plaintiff appeals the dismissal of his complaint and the denial of his motion to reconsider. The issue presented is whether language on the face of a check issued on behalf of defendant and accepted by plaintiff operates as a release to bar plaintiff's present cause of action. We conclude that the trial court erred in determining that the check operated as a release of plaintiff's claim. Therefore, we reverse the...

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