Andrews v. Mid-America Bank & Trust Co.

PRESIDING JUSTICE KARNS

delivered the opinion of the court:

Plaintiff, General Herman Andrews, filed a complaint alleging defendant, Mid-America Bank & Trust Company of Fairview Heights, wrongfully repossessed and converted a tractor and flatbed trailer used by plaintiff. Defendant filed a motion for involuntary dismissal of counts I and II of plaintiff’s second amended complaint pursuant to section 2 — 619(a)(9) of the Code of Civil Procedure (Ill. Rev. Stat. 1985, ch. 110, par. 2 — 619(a)(9)). In its motion, defendant contended that the security agreement between plaintiff and defendant had…