Bank of Naperville v. Holz

Plaintiff, Bank of Naperville (the Bank), appeals from a judgment of the Circuit Court of Du Page County entered in favor of defendants, Paul and Carol Bubala. The Bubalas cross appeal from the dismissal of their counterclaim and from the denial of their petition for fees and costs pursuant to section 41 of the Civil Practice Act (Ill. Rev. Stat. 1977, ch. 110, par. 41).

Defendant, Kenneth Holz, was the operator of an automobile dealership, Aurora Imports, Inc. The Bank made a capital loan to Holz and also financed Aurora Import’s auto floor plan. In September of 1973, the Bank made a floor…