Quimbee logo
DMCA.com Protection Status

Bank of Lyons v. Schultz

78 Ill. 2d 235 (1980)

Case BriefRelatedOptions
From our private database of 33,800+ case briefs...

Bank of Lyons v. Schultz

Illinois Supreme Court

78 Ill. 2d 235 (1980)

Facts

Alvin Schultz, husband of Mary Schultz (Mary) (plaintiff), died. Alvin’s life-insurance policies listed Mary as the beneficiary. At the time of Alvin’s death, the Bank of Lyons (the bank) (defendant) believed that Alvin and Mary owed money to the bank. The bank filed multiple actions against Mary to collect the debt. In addition, and in parallel, to suing Mary, the bank asked the trial court to issue injunctions preventing Mary from receiving the money from the life-insurance policies. Ultimately, those injunctions were dissolved and at least one was found to have been wrongfully issued. After the injunctions were dissolved, Mary still had to defend against the underlying claims brought by the bank. Mary prevailed in those suits as well. The bank’s actions delayed Mary receiving the life-insurance money by nine years. The lack of access to the life-insurance money caused Mary to fall behind on mortgage payments, and she lost her house to foreclosure. Mary sued the bank for malicious prosecution. The trial court dismissed her case on the grounds that her claim was barred by res judicata and that Mary did not suffer the special injury necessary for a malicious-prosecution claim. Mary appealed. The appellate court found in favor of Mary, reversing the trial court. The Bank of Lyons appealed to the state supreme court.

Rule of Law

Issue

Holding and Reasoning (Ward, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 605,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 605,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 33,800 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 605,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 33,800 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership