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02/09/89 Kevin Kurtz Et Al., v. National Bank of

February 9, 1989

KEVIN KURTZ ET AL., PLAINTIFFS-APPELLANTS

v.

ILLINOIS NATIONAL BANK OF SPRINGFIELD, DEFENDANT-APPELLEE



APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

534 N.E.2d 1007, 179 Ill. App. 3d 719, 128 Ill. Dec. 562 1989.IL.161

Appeal from the Circuit Court of Logan County; the Hon. Gerald G. Dehner, Judge, presiding.

APPELLATE Judges:

PRESIDING JUSTICE McCULLOUGH delivered the opinion of the court. LUND and SPITZ, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MCCULLOUGH

Plaintiffs appeal a trial court order granting summary judgment to defendant Illinois National Bank of Springfield . Plaintiffs argue disputed issues of fact exist which preclude summary judgment on their interference with contractual expectancy action.

We affirm.

Plaintiffs and their father were farm tenants of the Scully Trust in Logan County. Under their lease, they could not encumber crops grown on the leased property through a security agreement. Plaintiffs' parents borrowed money from INB in March 1982 and entered a farm security agreement. A Uniform Commercial Code-1 financing statement was filed. The Scully lease was not renewed for the 1985 crop year. Plaintiffs filed suit alleging INB's actions in filing the financing statement and taking a security interest in crops were either an intentional interference with their contract expectancy or a negligent interference.

Their complaint alleged: (1) plaintiffs' parents in March 1982 conveyed a security interest to and executed a financing statement in favor of INB; (2) plaintiffs and their father were lessees of a farm lease in

The financing statement filed on March 26, 1982, was attached to the complaint. It states:

"1. This financing statement covers the following types (or items) of property:

All farm machinery and equipment, supplies and attachments, now owned and hereafter acquired; all crops which are now growing and hereafter are grown on Real Estate Owned and, Rented in Sections given below and all products of all crops owned in Sections 21, 17, 16 of TWP 19N R3W and parts of Sec 10, 15 of Twp 19N R3W and land rented from Roller in Sec 17 and 20 of Twp 19N R3W all Logan Co. Illinois." (Emphasis added.)

On March 19, 1982, plaintiffs' parents entered a farm security agreement covering "[all] crops which are now growing or hereafter are grown on real estate owned of record by Kurtz; in [sections] 10, 15, 16, 17 and 21 and legally described as . . . and the products of all such crops." On March 26, 1982, by memorandum agreement with the consent of the Scully trustees, INB was made a cotenant of the lease.

The Kurtz lease with the Scully trust covered property in section 17. It was a year-to-year lease which specifically stated the tenant could not encumber by security ...


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