AMERICAN NAT. BANK v. SMILEY

No. 55208.

3 Ill. App.3d 165 (1971)

278 N.E.2d 188

AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, Plaintiff-Appellant, v. LOUISE C. SMILEY, individually and d/b/a Ace Store 41, Defendant-Appellee.

Appellate Court of Illinois — First District.

December 16, 1971.


Attorney(s) appearing for the Case

Jenner & Block, of Chicago, (Frederick Mayer and Nicholas D. Chabraja, of counsel,) for appellant.

Richard W. Burke and Ronald W. Staudt, both of Chicago, for appellee.


Affirmed in part; and reversed and remanded in part.

Mr. JUSTICE McGLOON delivered the opinion of the court:

This is an appeal from an order of the Circuit Court entered upon a hearing wherein a judgment by confession, entered in favor of plaintiff, was opened and reduced after defendant pleaded matters of a defensive nature. The judgment by confession was predicated upon a cognovit provision in a written commercial lease which also contained a "liquidated...

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