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McHENRY SAVINGS v. AUTOWORKS OF WAUCONDA

No. 2-08-1200.

924 N.E.2d 1197 (2010)

McHENRY SAVINGS BANK, Plaintiff-Appellant, v. AUTOWORKS OF WAUCONDA, INC., Arthur Bauer, Carl Bauer, and David W. Schwager, Defendants (Eric Hoffman, Defendant-Appellee).

Appellate Court of Illinois, Second District.

March 4, 2010.

Attorney(s) appearing for the Case

Adrian M. Vuckovich, Collins, Bargione & Vuckovich, Chicago; Frederick C. Cappetta, Cappetta & Associates, Oak Brook, for McHenry Savings Bank.

James A. Campion, Campion, Curran, Dunlop & Lamb, P.C., Crystal Lake, for Autoworks of Wauconda, Inc., Eric Hoffman.

Justice O'MALLEY delivered the opinion of the court:

Plaintiff, McHenry Savings Bank, and defendant Autoworks of Wauconda, Inc., entered into a loan agreement under which plaintiff loaned Autoworks $400,000. As part of the agreement, Autoworks, through its president, defendant Carl Bauer, and its vice president, defendant David W. Schwager, executed a promissory note in favor of plaintiff, along with a floor plan loan agreement. Additionally, Carl Bauer, Schwager...

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