Herget National Bank v. Theede

Scott Theede appeals from the judgment of the circuit court of Tazewell County, denying his motion to open a judgment by confession. Theede’s affidavit and supplemental affidavit in support of his motion indicate that Theede held a business account with Herget National Bank and was given a $30,000 line of credit. In September of 1986, the bank dishonored a $15,000 check drawn on Theede’s business account. When Theede contacted Jerry Towle, a commercial loan officer for the bank, to determine the bank’s reason for dishonoring the check, Towle informed Theede that his line of credit was…