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SMITH v. FIRST NAT. BANK OF DANVILLE

No. 4-93-0007.

624 N.E.2d 899 (1993)

254 Ill. App.3d 251

191 Ill.Dec. 711

Judith K. SMITH, Plaintiff and Counterdefendant-Appellee, v. FIRST NATIONAL BANK OF DANVILLE, Individually, and as Trustee, Defendant (First National Bank of Danville, Counterplaintiff-Appellant; Possum Trot, Ltd., et al., Counterdefendants).

Appellate Court of Illinois, Fourth District.

Decided December 9, 1993.

Rehearing Denied January 13, 1994.

Attorney(s) appearing for the Case

Jonathan G. Bunge (argued), Angela Marsh (argued), Keck, Mahin & Cate, Chicago, Timothy O. Smith, Smith & Kagawa, Danville, for appellant.

Karen L. Kendall, Heyl, Royster, Voelker & Allen, Peoria, James C. Kearns (argued), Urbana, for appellee.

Justice KNECHT delivered the opinion of the court:

Defendant, the First National Bank of Danville (the Bank), appeals from a judgment in favor of Judy Smith setting aside two promissory notes executed by Judy. We affirm.

I. FACTS

A. Background

The Bank has been involved with Judy's family for several generations. It was the trustee of a trust settled by Judy's grandfather as well as of a trust settled by Judy's mother. The Bank began...

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