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CARTER & GRIMSLEY v. OMNI TRADING, INC.

No. 3-98-0483.

716 N.E.2d 320 (1999)

306 Ill. App.3d 1127

240 Ill.Dec. 187

CARTER & GRIMSLEY, Plaintiff-Appellant, v. OMNI TRADING, INC., a foreign corporation, d/b/a Omni Trading Co., and, Rebecca Doyle, Director of the Illinois Department of Agriculture, Defendants-Appellees. (Rebecca Doyle, Director of the Illinois Department of Agriculture, Illinois Department of Agriculture and Illinois Grain Insurance Corporation, Plaintiffs-Appellees, v. Carter & Grimsley, Defendant-Appellant, and Country Grain Elevators, Inc., and Omni Trading Company, Defendants.)

Appellate Court of Illinois, Third District.

August 13, 1999.

Attorney(s) appearing for the Case

James R. Carter (argued), Carter & Grimsley, Peoria, for Carter & Grimsley.

James Ryan, Atty. Gen., Paul Racette, Asst. Atty. Gen. (argued), Chicago, for Rebecca Doyle, Illinois Dept. of Agriculture, Illinois Grain Ins. Corp.

Justice LYTTON delivered the opinion of the court:

Omni Trading, Inc. (Omni) issued Country Grain Elevators, Inc. (Country Grain) two checks for grain it had purchased. Country Grain then endorsed the checks over to the law firm of Carter & Grimsley (Carter) as a retainer. Soon after, Country Grain failed. Omni stopped payment on the checks, and Carter filed a complaint, alleging that it was entitled to the checks as a holder in due course. The Illinois Department...

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