Carter & Grimsley v. Omni Trading, Inc.

Omni Trading, Inc. (Omni), issued Country Grain Elevators, Inc. (Country Grain), two checks for grain it had purchased. Country Grain then endorsed the checks over to the law firm of Carter & Grimsley (Carter) as a retainer. Soon after, Country Grain failed. Omni stopped payment on the checks, and Carter filed a complaint, alleging that it was entitled to the checks as a holder in due course. The Illinois Department of Agriculture (Department) also filed a complaint claiming the check proceeds. Both Carter and the Department filed motions for summary judgment. The trial court granted the…