Burks Drywall, Inc. v. Washington Bank & Trust Co.

Defendant, Washington Bank and Trust Company (Bank), appeals from orders of the circuit court of Du Page County, entered in separate actions, which denied the Bank’s motions to dismiss plaintiffs’ complaints and entered summary judgments in favor of the plaintiffs, Burks Drywall, Inc. (Burks), and Redman Plumbing (Redman), respectively. On the motion of all parties, we consolidated the two causes on appeal.

Burks and Redman each filed a three-count complaint against the Bank seeking damages pursuant to section 3 — 419 of the Uniform Commercial Code (UCC) (Ill. Rev. Stat, 1979, ch. 26, par. 3 —…