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Garber v. Harris Trust & Sav. Bank

Appellate Court of Illinois
432 N.E.2d 1309 (1982)


Sheldon Garber and Gary L. Blank (plaintiffs) represent a class of credit card holders who obtained credit cards from a number of financial institutions, including Harris Trust and Savings Bank, Sears Roebuck and Co., J.C. Penney Co., Inc., and First National Bank of Chicago (defendants). The plaintiffs brought suit alleging the defendants breached their respective cardholder agreements by changing the terms under which they would extend credit to the plaintiffs. The plaintiffs argued that a binding contract was formed when the defendants issued credit cards to the plaintiffs, and that the defendants were bound to continue to extend credit under the terms of the cardholder agreements. According to the plaintiffs, the defendants’ modifications of the terms were void for lack of consideration. The plaintiffs sought injunctive relief and money damages. The defendants moved to dismiss. The circuit court of Cook County granted the defendants’ motion.

Rule of Law


Holding and Reasoning (White, J.)

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