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BANK OF CARBONDALE v. KANSAS BANKERS SUR.

No. 5-00-0075.

755 N.E.2d 543 (2001)

324 Ill. App.3d 537

258 Ill.Dec. 160

The BANK OF CARBONDALE, Plaintiff-Appellant, v. The KANSAS BANKERS SURETY COMPANY, Defendant-Appellee.

Appellate Court of Illinois, Fifth District.

August 30, 2001.

Attorney(s) appearing for the Case

K. Rockne Bleyer, Bleyer and Bleyer, Marion, for Appellant.

Ann L. Hoover, Topeka, KS, John E. Bradley, Mitchell, Mitchell & Bradley, Marion, for Appellee.

Justice RARICK delivered the opinion of the court:

The plaintiff, the Bank of Carbondale (the Bank), filed a complaint in the circuit court of Jackson County against Leonard Bening and alleged that Bening had failed to pay certain promissory notes. Bening filed a counterclaim alleging, inter alia, that the Bank, acting through its officers and/or directors, altered the notes. The counterclaim named the Bank as a defendant but did not name any officer or director...

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