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NAVISTAR FINANCIAL v. CURRY ICE & COAL INC.

Nos. 4-15-0419, 4-15-0646.

55 N.E.3d 153 (2016)

404 Ill. Dec. 57

2016 IL App (4th) 150419

NAVISTAR FINANCIAL CORPORATION, Plaintiff-Appellee, v. CURRY ICE & COAL, INC.; Curry Ready-Mix & Builders' Supply, Inc.; Curry Ready Mix of Carlinville, Inc.; Curry Ready Mix of Gillespie, Inc.; Curry Ready Mix of Peoria, Inc.; Curry Ready Mix of Pawnee, Inc.; Capitol Ready-Mix, Inc.; Curry Ready Mix of Jacksonville, Inc.; Curry Ice & Coal of Carlinville, Inc.; Curry Ice & Coal of Springfield, Inc.; Curry Ice & Coal of Illiopolis, Inc.; Curry Ice & Coal of Perryville, Inc.; Curry Ice & Coal of Ottawa, Inc.; Curry Ice & Coal of Peoria, Inc.; Troy Ready Mix Concrete, Inc.; Consolidated Ready Mix of Mason City, Inc.; Lippold & Arnett, Inc.; M-C Transfer, Inc.; Lippold & Arnett Transportation Services, Inc.; and Bruce Garner, Defendants (Capitol Ready-Mix, Defendant-Appellant).

Appellate Court of Illinois, Fourth District.

May 26, 2016.

Attorney(s) appearing for the Case

Craig A. Randle (argued), of Londrigan, Potter & Randle, P.C., of Springfield, for appellant.

W. Kent Carter (argued), of Gordon Rees Scully Mansukhani, LLP, of Chicago, for appellee.

OPINION

¶ 1 In April 2005, plaintiff, Navistar Financial Corporation (Navistar), entered into an "Interlocking Guaranty" with defendants Capitol Ready-Mix, Inc. (Capitol); and Curry Ice and Coal, Inc. (Curry); as well...

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