Greene v. Gust

MR. PRESIDING JUSTICE MURPHY

delivered the opinion of the court.

In Count I of a two count complaint, plaintiffs seek a declaration of their rights under a corporate life insurance stock transfer plan. The court sustained defendants’ motion to strike the count, and dismissed the declaratory judgment action. The trial judge found there was no just reason for delay, and plaintiffs have appealed.

The question before us is whether the declaratory judgment count states a cause of action sufficient to bring it within the provisions of section 57.1 of the Civil Practice Act. [Ill Rev Stats 1959, c 110,…