Witkowsky v. Ravisloe Country Club

Full title: James Witkowsky et al., Appellees and Cross Appellants, v. Ravisloe…

Court: Appellate Court of Illinois, Chicago, First District

Date published: Feb 2, 1944

321 Ill. App. 626 (Ill. App. Ct. 1944)

53 N.E.2d 297

Opinion

Gen. No. 42,704. (Abstract of Decision.)

Opinion filed February 2, 1944

ASSOCIATIONS, § 14^_ — when striking of answer in action against country club is error. In action against country club, which was corporation organized not for pecuniary profit, on alleged certificates of indebtedness issued by it, held that, in view of defenses appearing in defendant's answer, striking of such answer constituted reversible error. (HEBEL, P.J., not participating.)

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Cook county; the Hon. JOHN PRYSTALSKI, Judge, presiding.

Reversed and remanded with directions. Heard in the third division, first district, this court at the June term, 1943.

Jacobson, Nierman Silbert, for appellant and cross appellee;

Lewis F. Jacobson, of counsel.

Wolff, Keane Gomberg, for appellees and cross appellants;

Allan I. Wolff, Jr., of counsel.

Opinion by JUSTICE BURKE.

Not to be published in full. Opinion filed February 2, 1944.