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CITY NAT. BANK OF HOOPESTON v. RUSSELL

No. 4-92-0910.

615 N.E.2d 1308 (1993)

246 Ill. App.3d 302

186 Ill.Dec. 251

CITY NATIONAL BANK OF HOOPESTON, a National Banking Corporation, Plaintiff-Appellee and Cross-Appellant, v. Dean RUSSELL, Defendant-Appellant and Cross-Appellee.

Appellate Court of Illinois, Fourth District.

Decided June 29, 1993.

Attorney(s) appearing for the Case

John P. Wolgamot, argued, Kurth, Wolgamot & DeArmond, Danville, for defendant-appellant.

Steven M. Helm, argued, Nancy S. Johnson, Dukes, Martin, Helm & Ryan, Ltd., Danville, for plaintiff-appellee.

Justice COOK delivered the opinion of the court:

Defendant Dean Russell appeals the trial court's summary judgment in favor of plaintiff City National Bank of Hoopeston. Defendant contends the trial court erred in finding consideration for his guaranty and erred in finding no genuine issue of material fact on the affirmative defense of fraud. Plaintiff cross-appeals the trial court's denial of attorney fees. We reverse the order of summary judgment and remand.

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