Seefeldt v. Millikin National Bank of Decatur

506 N.E.2d 1052, 154 Ill. App. 3d 715, 107 Ill. Dec. 161, 1987 Ill. App. LEXIS 2354
CourtAppellate Court of Illinois
DecidedApril 13, 1987
Docket4-86-0662
StatusPublished
Cited by43 cases

This text of 506 N.E.2d 1052 (Seefeldt v. Millikin National Bank of Decatur) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Seefeldt v. Millikin National Bank of Decatur, 506 N.E.2d 1052, 154 Ill. App. 3d 715, 107 Ill. Dec. 161, 1987 Ill. App. LEXIS 2354 (Ill. Ct. App. 1987).

Opinion

JUSTICE LUND

delivered the opinion of the court:

Plaintiffs brought this action to recover damages which they claim to have sustained as a result of defendants’ fraud and conspiracy to defraud. Three of the defendants, the Millikin National Bank of Decatur (the Bank), Jerry Skeffington, and Robert Skeffington, filed motions for summary judgment. The motions were granted, and the circuit court of Macon County entered judgments in defendants’ favor. Also, the court made a finding pursuant to Supreme Court Rule 304(a) (103 Ill. 2d R. 304(a)) that no just reason existed for delaying enforcement or appeal. Plaintiffs appeal.

In a prior appeal, we reversed the lower court’s order granting defendants judgment on the pleadings pursuant to section 2 — 615 of the Code of Civil Procedure (111. Rev. Stat. 1983, ch. 110, par. 2 — 615). (Seefeldt v. Millikin National Bank (1985), 137 Ill. App. 3d 841, 485 N.E.2d 30.) In that appeal, we held that the lower court had granted defendants’ motion with the improper assistance of additional discovery material, namely, certain depositions. We determined that such assistance was improper on motions for judgment on the pleadings. We made no determination regarding the evidence outside of the allegations in plaintiffs’ first amended complaint. On remand, the Bank and Jerry and Robert Skeffington filed motions for summary judgment. In order to decide this appeal, we must discuss in more detail the allegations in the complaint and the supporting material in the record.

Plaintiffs’ first amended complaint, filed on October 22, 1984, alleged that Jerry Skeffington, Robert Skeffington, Warren Hagen, John James Malloy, and Wayne B. Phillips were joint venturers in “Big I, Inc.” (Big I), a real estate development venture. The Bank provided financing for Big I, but in so doing, the Bank required the personal guarantees of all the shareholders. The Bank also held a trust in which the Seefeldts were beneficiaries. Plaintiffs further allege that from early May 1980, Big I was unable to make the required interest payments on its obligation to the Bank. By late 1980, Warren Hagen was having financial difficulties. Jerry Skeffington and Robert Skeffington, knowing of the financial difficulties of Big I, and being advised by Hagen of his financial problems, were desirous of ending their participation in the venture and terminating their potential liability to the Bank. Plaintiffs contend that defendants did conspire to commit fraud and did commit fraud by convincing plaintiffs to take over Jerry and Robert Skeffington’s interests in Big I and to replace the Skeffingtons as guarantors on the Big I indebtedness to the Bank. On April 8, 1981, the Skeffingtons transferred their interest in Big I to Seefeldts. At the same time, Seefeldts replaced Skeffingtons on the Bank indebtedness, and Skeffingtons paid Seefeldts $95,000. The Bank eventually took judgment on the indebtedness, and because of the limited financial resources of the other guarantors, Seefeldts appear to be the principal sureties.

The Bank and both Skeffingtons answered the complaint, denying fraud and conspiracy to commit fraud. After discovery, the three defendants filed motions for summary judgment, arguing that they were entitled to judgment as a matter of law.

The sole issue is whether the court should have granted summary judgments in favor of the Bank and Jerry and Robert Skeffington. Section 2 — 1005 of the Code of Civil Procedure (111. Rev. Stat. 1985, ch. 110, par. 2 — 1005) sets forth the procedure for summary judgments, and provides in part:

“(b) For defendant. A defendant may, at any time, move with or without supporting affidavits for a summary judgment in his or her favor as to all or any part of the relief sought against him or her.
(c) Procedure. The opposite party may prior to or at the time of the hearing on the motion file counteraffidavits. The judgment sought shall be rendered without delay if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and' that the moving party is entitled to a judgment as a matter of law.”

It is well established that the summary judgment procedure is an important tool in the administration of justice, and its use in a proper case is to be encouraged because its benefits inure not only to the litigants in the saving of time and expenses, but to the community as well in avoiding congestion of trial calendars and the expenses of unnecessary trials. (Martin v. 1727 Corp. (1983), 120 Ill. App. 3d 733, 736, 458 N.E.2d 990, 992.) In reviewing the order- for summary judgment, this court must consider all of the facts revealed in the record and all of the grounds' alleged by the parties in order to determine whether a genuine issue as to a material fact does still exist. (Casteel v. Smith (1982), 109 Ill. App. 3d 1094, 1098, 441 N.E.2d 860, 863.) Summary judgment is proper when the matters properly before the court show that if the case goes to trial, there would be no question the trier of fact would be required to decide and the movant would be entitled to judgment as a matter of law. (Scheff v. Fort Dearborn Life Insurance Co. (1986), 148 Ill. App. 3d 77, 80, 499 N.E.2d 78, 80.) The trial court must construe any evidence in support of the motions strongly against the movant and liberally in favor of the opponent. (Stringer v. Zacheis (1982), 105 Ill. App. 3d 521, 522, 434 N.E.2d 50, 52.) Even though a complaint may purport to raise an issue of material fact, if such issue is not further supported by evidentiary facts, summary judgment is appropriate. (Harrington v. Chicago Sun-Times (1986), 150 Ill. App. 3d 797, 801, 502 N.E.2d 332, 334.) In determining the genuineness of a fact, a court should ignore personal conclusions, opinions, and self-serving statements and consider only facts admissible in evidence under the rules of evidence. Malawy v. Richards Manufacturing Co. (1986), 150 Ill. App. 3d 549, 571, 501 N.E.2d 376, 390.

In this case, the plaintiffs argue that defendants conspired to commit fraud against them and did commit fraud against them. In a civil conspiracy, the wrongful act alleged to have been done in pursuance of a conspiracy, and not the fact of the conspiracy itself, is the gist of the action for damages. (Zokoych v. Spalding (1976), 36 Ill. App. 3d 654, 667, 344 N.E.2d 805, 816.) As the alleged wrongful act in this case is fraud, we must focus on the evidence of fraud contained in the depositions, admissions, and affidavits in evidence to determine whether the summary judgments were properly granted.

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Bluebook (online)
506 N.E.2d 1052, 154 Ill. App. 3d 715, 107 Ill. Dec. 161, 1987 Ill. App. LEXIS 2354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seefeldt-v-millikin-national-bank-of-decatur-illappct-1987.