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Aliaga Medical Center, S.C. v. Harris Bank N.A.

Illinois Appellate Court
Civil Court
Banking
Citation
Case Number: 
2014 IL App (1st) 133645
Decision Date: 
Monday, November 10, 2014
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Affirmed.
Justice: 
DELORT
Bank properly honored a check with preprinted language stating it was void after 90 days. Bank had the right to pay the check despite the "void after 90 days" language because Plaintiff failed to properly stop payment of the check, and failed to notify Bank of alleged unauthorized payment of check within 60 days after Bank made its statement available in the month check was presented and cashed, both provisions being required under parties' account agreement. One-year limitation period for suit in account agreement was not procedurally unreasonable or so overly harsh to be unenforceable. (HOFFMAN and CONNORS, concurring.)