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FIRST NAT. BANK OF LACON v. STRONG

Nos. 3-95-0134, 94-CH-93.

663 N.E.2d 432 (1996)

278 Ill. App.3d 762

215 Ill.Dec. 421

The FIRST NATIONAL BANK OF LACON, Plaintiff-Appellee, v. Elmer O. STRONG, individually and d/b/a Strong Oil Company, Inc.; E. Strong Oil Company, Inc., et al., Defendants (The Department of Revenue, Defendant-Appellant).

Appellate Court of Illinois, Third District.

March 20, 1996.

Attorney(s) appearing for the Case

A. Benjamin Goldgar, Assistant Attorney General, James Ryan, Attorney General, and Barbara A. Preiner, Solicitor General, Chicago, for State of Illinois Department of Revenue.

Kevin R. Galley, and Patrick J. Murphy, Law Offices of Kevin R. Galley, Lacon, for First National Bank of Lacon.

Justice SLATER delivered the opinion of the court:

In 1983 Elmer and Pam Strong incorporated their business which leased and operated service stations and sold petroleum products under the name "E. Strong Oil Company". They employed the name "Strong Oil Co." as a trade name.

The First National Bank of Lacon loaned $75,000 to the Strongs' business to refinance an earlier note. The Strongs signed a promissory note, a security agreement and a financing statement...

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