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JP MORGAN CHASE BANK, N.A. v. EARTH FOODS, INC.

No. 2-07-0045.

898 N.E.2d 718 (2008)

JP MORGAN CHASE BANK, N.A., as Successor by Merger to Bank One, N.A., Plaintiff-Appellee, v. EARTH FOODS, INC., Michael Jarvis, and Theodore L. Petrovich, Defendants. (Leonard S. DeFranco, Defendant-Appellant).

Appellate Court of Illinois, Second District.

November 4, 2008.

Attorney(s) appearing for the Case

William P. Danna, William P. Danna Ltd., Western Springs, Robert G. Black, Law Offices of Robert G. Black, Naperville, for Leonard S. DeFranco.

James M. Crowley, Christopher S. Fowler, Crowley & Lamb, P.C., Chicago, for Bank One, NA

Justice O'MALLEY delivered the opinion of the court:

Defendant Leonard S. DeFranco appeals the trial court's order denying his motion to dismiss and granting summary judgment against him and in favor of plaintiff, JP Morgan Chase Bank, on plaintiff's suit to recover from defendant as a guarantor of a defaulted loan. On appeal, defendant argues that the trial court should have entered judgment in his favor based on section 1 of the Sureties Act (Act) (740 ILCS 155...

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