State Bank of East Moline v. Cirivello

I dissent from the majority opinion and believe that the judgment of the trial court should be affirmed. As the majority recites, a contract of guaranty can be conditional. (Belleville Savings Bank v. Borman (1888), 124 Ill. 200, 16 N.E. 210.) In order for the guaranty to be conditional all that is required is that the guarantor’s signature be executed intending the condition and that the bank or obligee have actual notice, prior to any action on its part, of the condition. All of these requirements were met in the instant case. Relying on Hardware Wholesalers, Inc. v. Heath (5th Dist. 1973),…