MITCHELL BUICK AND OLDSMOBILE SALES, INC. v. McHENRY SAV. BANK

No. 2-91-1314.

601 N.E.2d 1360 (1992)

235 Ill. App.3d 978

176 Ill.Dec. 662

MITCHELL BUICK and OLDSMOBILE SALES, INC., Plaintiff-Appellee, v. McHENRY SAVINGS BANK, Defendant-Appellant.

Appellate Court of Illinois, Second District.

October 8, 1992.


Attorney(s) appearing for the Case

Ronald E. Shadle, Paul M. Orenic, Cappetta & Shadle, Oakbrook Terrace, for McHenry Sav. Bank.

Michael F. Kukla, Michael F. Kukla, Ltd., Crystal Lake, for Mitchell Buick & Oldsmobile.


Justice UNVERZAGT delivered the opinion of the court:

Defendant, McHenry Savings Bank (McHenry), appeals the judgment of the circuit court for $10,000 in favor of plaintiff, Mitchell Buick & Oldsmobile Sales, Inc. The parties agreed to vary the terms of the Uniform Commercial Code—Bank Deposits and Collections (Ill.Rev.Stat.1989, ch. 26, par. 4-101 et seq.) when McHenry agreed to hold a check for payment...

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