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SMITH v. HARAN

No. 1-94-0624.

652 N.E.2d 1167 (1995)

273 Ill. App.3d 866

210 Ill.Dec. 191

Robert F. SMITH, as Independent Adm'r of the Estate of Barbara A. Smith, Deceased, Plaintiff-Appellant, v. Craig T. HARAN and Judy M. Haran, Defendants-Appellees.

Appellate Court of Illinois, First District, Second Division.

Rehearing Denied July 28, 1995.

Attorney(s) appearing for the Case

John W. Turner, Chicago, for appellant.

Di Monte Schostok & Lizak, Park Ridge (Andrew D. Werth, of counsel), for appellee.

Justice DiVITO delivered the opinion of the court:

Robert F. Smith, as independent administrator of the estate of Barbara A. Smith, deceased (the Estate), brought this action against Craig Haran and Judy Haran (the Harans) to collect on an instrument (Instrument) signed by them. The circuit court found that the Instrument was not negotiable and that the Estate was not a holder in due course. Following a bench trial, the court ruled that the Instrument failed to create...

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