Emerson v. La Salle National Bank

The plaintiffs filed a complaint in two counts, count I for foreclosure and sale of mortgaged real estate and count II for recovery on a separate instrument of guaranty. Under a consent decree, the court ordered the foreclosure and sale. The plaintiffs’ bid at the sale resulted in a deficiency. The plaintiffs moved for summary judgment for the amount of the deficiency based on the guaranty under count II. The court denied plaintiffs’ motion for summary judgment and dismissed the claim for the guaranty on defendants’ motion brought under section 48(1) of the Civil Practice Act (Ill. Rev. Stat.…