State Bank v. Benzing

delivered the opinion of the court. .

Plaintiff brought an action against defendants to enforce their guaranty under the terms of a contract entered into between it and the Blue Island Trust & Savings Bank. The contract was severally guaranteed by the defendants who are stockholders and directors of the Blue Island Trust & Savings Bank, and one of them, Fordtran, was an officer. The court sustained defendants’ motion to strike, dismissed the suit, and plaintiff appeals.

The record discloses that the Blue Island Trust & Savings Bank was conducting a banking business in Blue Island, was in…