WHEELING TR. & SAV. BANK v. Citizens Nat'l Bank of Downers Grove

Plaintiff, Wheeling Trust & Savings Bank, as trustee, filed a declaratory judgment action to declare the 6% over prime rate of interest provision in an extension agreement with defendant, Citizens National Bank of Downers Grove, as penal and unenforceable. Following cross-motions of the parties for summary judgment, plaintiff appealed the granting of defendant’s motion for summary judgment. After judgment was awarded in its favor, defendant filed a petition for reimbursement of attorney fees incurred in the defense of the declaratory judgment action. The petition for attorney fees was denied,…