Bank of Lyons v. Schultz

The plaintiff, Mary Schultz, brought an action in October 1975 in the circuit court of Cook County against the Bank of Lyons for malicious prosecution for damages allegedly sustained as a result of two suits filed against her by the bank, both of which were decided in her favor. The trial court dismissed her complaint and the appellate court reversed. (66 Ill. App. 3d 698.) We granted the bank’s petition for leave to appeal.

The plaintiff’s claim of malicious prosecution by the bank is founded upon the following events. In April of 1962 the bank filed a creditor’s suit against the plaintiff…