University State Bank v. Kelly

Full title: University State Bank, Appellee, v. W. S. Kelly, Appellant

Court: Appellate Court of Illinois

Date published: Jul 1, 1941

311 Ill. App. 248 (Ill. App. Ct. 1941)

35 N.E.2d 559

Opinion

Gen. No. 41,600. (Abstract of Decision.)

Opinion filed July 1, 1941

CONFESSION OF JUDGMENT, § 70^_ — vacation, sufficiency of evidence. Lower court properly refused to vacate judgment by confession, where defendant gave note to plaintiff bank as result of transactions over a period of years in which bank loaned money to defendant and he purchased securities from them, as bank's alleged agreement to repurchase securities would be unenforcible, there was no allegation of fact showing fraud in procuring the note, and the fact that the note was executed eight years after the period covered by the complaint tended to show that defendant was not aggrieved by his transactions with bank.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of Cook county; Hon. HARRY M. FISHER, presiding.

Affirmed. Heard in second division, first district, this court at February term, 1941.

Walter F. Boye and Alfred Bosworth, for appellant;

Philip A. Weinstein, for appellee.

Opinion by PRESIDING JUSTICE FRIEND.

"Not to be published in full." Opinion filed July 1, 1941.