Katz v. BELMONT NAT'L BANK OF CHICAGO

Plaintiff brought this class action suit against defendant, Belmont National Bank, seeking to recover funds he gave to a depositor of defendant bank. The trial court granted defendant’s motion to dismiss the complaint for failure to state a cause of action and denied plaintiff’s request for leave to amend the complaint. Plaintiff appeals.

Plaintiff and other class members are small business owners who contracted with Controls for Industry, Inc. (CFI), a company which provides payroll services for a fee. For each pay period, plaintiff would forward a check to CFI and it in turn would deposit…