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MIDAMERICA BANK v. CHARTER ONE BANK

Nos. 2-07-0064, 2-07-0158.

889 N.E.2d 1187 (2008)

MIDAMERICA BANK, FSB, Plaintiff-Appellee, v. CHARTER ONE BANK, FSB, Defendant and Third-Party Plaintiff-Appellant (David Hernandez, Gina M. Nelson Hernandez, Mary Christelle, and Essential Technologies of Illinois, Inc., Third-Party Defendants-Appellees). MidAmerica Bank, FSB, Plaintiff-Appellant v. Charter One Bank, FSB, Defendant and Third-Party Plaintiff-Appellee (David Hernandez, Gina M. Nelson Hernandez, Mary Christelle, and Essential Technologies of Illinois, Inc., Third-Party Defendants-Appellees).

Appellate Court of Illinois, Second District.

June 2, 2008.

Attorney(s) appearing for the Case

Richard J. Nogal, Martha K. Milia, Goldstine, Skrodzki, Russian, Nemec & Hoff, Ltd., Burr Ridge, for Charter One Bank, N.A.

Patrick J. Williams, Vincent C. Mancini, Ekl Williams PLLC, Lisle, for MidAmerica Bank.

James E. Musial, Law Offices of James E. Musial, Wheaton, for Essential Technologies of Illinois, Inc., David Hernandez, Gina Hernandez.

Justice O'MALLEY delivered the opinion of the court:

In this consolidated appeal of the trial court's ruling after a bench trial, defendant Charter One Bank (Charter One) appeals the trial court's ruling that Charter One was liable to plaintiff MidAmerica Bank (MidAmerica) for the $50,000 value of a cashier's check Charter One had refused to honor, and MidAmerica appeals the trial court's ruling denying it attorney fees. For the reasons that follow, we reverse in...

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