First National Bank of Elgin v. Achilli

On June 12, 1970, plaintiff, First National Bank of Elgin, confessed judgment for $17,450.00 against defendants Ruth Achilli, Howard Achilli and “Highland Motor Sales” on a promissory note' which was signed in the lower right hand comer:

HIGHLAND MOTOR SALES

/S/ RUTH ACHILLI (SEAL)

/S/ HOWARD ACHILLI (SEAL)

The defendants, Ruth, and Howard Achilli, moved to reopen the judgment, alleging that no consideration was paid to them for the note; and that the note was not executed by them individually but solely as heirs at law and representatives of the estate of Sam Achilli, deceased, who prior to his…