HARDER v. FIRST CAPITAL BANK

No. 4-00-1005.

775 N.E.2d 610 (2002)

332 Ill. App.3d 740

266 Ill.Dec. 770

Charles HARDER and Marsha Harder, Plaintiffs-Appellants, v. FIRST CAPITAL BANK, Defendant-Appellee, (Emergency Damage Control of Central Illinois and James Hughbanks, Defendants).

Appellate Court of Illinois, Fourth District.

July 29, 2002.


Attorney(s) appearing for the Case

Robert P. Follmer, Fellheimer Law Firm, Pontiac, for Charles Harder.

Joseph B. VanFleet, Law Office of Joseph B. VanFleet, L.L.C., Peoria, for First Capital Bank.


Justice MYERSCOUGH delivered the opinion of the court:

Plaintiffs, Charles Harder and Marsha Harder, filed a complaint against defendant First Capital Bank (Bank) seeking relief for its negligent payment of two checks that did not contain the indorsement of all parties listed as payees. The McLean County trial court dismissed their complaint with prejudice pursuant to section 2-619 of the Code of Civil Procedure (Code) (735 ILCS 5/2-619 (West 1998)). Plaintiffs' motion...

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