Kedzie & 103rd Currency Exchange, Inc. v. Hodge

Plaintiff Kedzie & 103rd Street Currency Exchange, Inc., cashed a check for defendant Fred Fentress (who is not a party to this appeal). Defendant Beula M. Hodge, drawer of the check, notified her bank to stop payment on the check when Fentress, engaged to perform plumbing services, did not appear at her home to begin work. As a holder in due course, plaintiff sought damages from Hodge. The trial court, however, granted Hodge’s motion to dismiss, based on the defense of illegality, pursuant to section 2— 619 of the Illinois Code of Civil Procedure (Ill. Rev. Stat. 1989, ch. 110, par. 2—619)…