Gerber v. First National Bank

This is an appeal by Martin S. Gerber from adverse judgments in two consolidated cases. Gerber filed a declaratory judgment action praying that a promissory note executed by him, held by the First National Bank of Lincolnwood, be declared unenforceable and that confession on the note be restrained. Despite the pending action, in which it had filed a motion to dismiss, the bank confessed judgment in a separate action. Gerber petitioned the court to dismiss the confession case on the ground that there was another case pending between the same parties for the same cause. (Ill. Rev. Stat. 1969,…