First Illini Bank v. Wittek Industries, Inc.

The defendant, Wittek Industries, Inc. (Wittek), appeals from a judgment of the circuit court of Knox County entitling the plaintiff, First Illini Bank (the Bank), to replevy substantial portions of Wittek’s assets. These assets constituted the security for an unpaid promissory note executed by the Bank and Wittek. Wittek contends the Bank’s complaint in replevin was deficient in failing to allege a demand for the return of the secured property and Wittek’s refusal to surrender the property. We agree and reverse.

Wittek raises in this consolidated appeal other contentions concerning the…