Opinion
Gen. No. 41,232. (Abstract of Decision.)
Opinion filed February 17, 1941 Rehearing denied March 4, 1941
CORPORATIONS, § 338 — salary, when not improperly withdrawn. In action by assignee of dissolved corporation to recover alleged improper salary withdrawals made by defendant, lower court improperly found for plaintiff, where evidence showed that the corporation was actually run as a partnership between plaintiff and defendant, that both had taken salary cuts when business was poor, and that when plaintiff restored his own salary to its former level, the salary of defendant was likewise restored, and auditor and bookkeeper friendly to plaintiff handled the books and made reports to him which showed that defendant was drawing the increased salary, but plaintiff never made any protest.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. ROBERT JEROME DUNNE, presiding.
Reversed and remanded with directions. Heard in first division, first district, this court at June term, 1940.
Ashcraft Ashcraft, for appellant;
Russell F. Locke and Rufus D. Beach, of counsel;
Lord, Bissell Kadyk, for appellee;
David J. Kadyk and Herbert C. Brook, of counsel.
"Not to be published in full." Opinion filed February 17, 1941; rehearing denied March 4, 1941.