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APA v. NATIONAL BANK OF COMMERCE

No. 1-05-2269.

872 N.E.2d 490 (2007)

Patrick APA, Plaintiff-Appellee, v. NATIONAL BANK OF COMMERCE, Defendant-Appellant (The Secretary of State, Jesse White, and John Owens, Defendants).

Appellate Court of Illinois, First District, Sixth Division.

June 29, 2007.

Attorney(s) appearing for the Case

James L. Brendemuhl, Boeger, Heerwagen, Lusthoff & Brendemuhl, P.C., Riverside, for Appellant National Bank of Commerce.

Robert Habib, Chicago, for Appellee.

Justice McNULTY delivered the opinion of the court:

Defendant John Owens used a loan from defendant National Bank of Commerce to finance the purchase of a bus. After selling the bus to plaintiff Patrick Apa, a charter operator who did not know of the bank's interest, Owens defaulted on the bank loan. The bank found the bus and seized it, Apa sued the bank for conversion, and Apa was awarded summary judgment on the issue of liability. The primary question presented...

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