Dee v. Bank of Oakbrook Terrace

The plaintiff, Jack Dee, brought an action to determine his obligation to guarantee the indebtedness of his brother, Harold H. Dee, under a letter of credit written on Harold’s account by the defendant, Bank of Oakbrook Terrace, to one of Harold’s business suppliers. The bank filed a counterclaim for $9,745.60 which it had advanced to the supplier when the supplier presented a draft upon Harold’s account. Both parties submitted affidavits and moved for summary judgment. The circuit court denied Jack’s motion but granted the bank’s. We reverse because a genuine issue of material fact exists.

On…