Exchange National Bank of Chicago v. Bergman

PRESIDING JUSTICE McNAMARA

delivered the opinion of the court:

Plaintiff and counterdefendant, Exchange National Bank of Chicago, loaned $85,000 to Herbert Geist, who is not a party to this suit. Defendant and counterplaintiff, Samuel N. Bergman, guaranteed the loan. After Geist declared bankruptcy, Exchange set off Bergman’s bank accounts and brought this suit to recover the balance, alleging that the $85,000 loan had not been repaid by Geist. Bergman filed a counterclaim, alleging that the loan had been repaid by Geist and that Exchange wrongfully seized money from Bergman’s bank accounts.…