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MOODY v. FIRST NAT. BANK OF MOLINE

No. 3-92-0472.

608 N.E.2d 589 (1993)

239 Ill. App.3d 986

181 Ill.Dec. 516

Robert L. MOODY, Plaintiff-Appellee, Cross-Appellant, v. FIRST NATIONAL BANK OF MOLINE, an Illinois Corporation, Defendant-Appellant, Cross-Appellee, and Davenport Bank & Trust Co., an Iowa Corporation, Defendant.

Appellate Court of Illinois, Third District.

Rehearing Denied March 5, 1993.

Attorney(s) appearing for the Case

Daniel Churchill, Churchill & Churchill, Moline, for First Nat. Bank of Moline and Davenport Bank & Trust Co.

Franklin S. Wallace and David L. Cunningham, Winstein, Kavensky & Wallace, Rock Island, for Robert L. Moody.

Justice BRESLIN delivered the opinion of the court:

The plaintiff, Robert L. Moody, brought this conversion action against the defendant, First National Bank of Moline (Bank), to recover $23,155.45 for the face amount of a forged check. The Bank claimed that the action was barred by the doctrines of laches and estoppel, and also that it was entitled to a $7,718.48 set-off. Thereafter, the plaintiff filed a motion for sanctions against the Bank's attorneys. On March...

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