Madden v. University Club of Evanston

Plaintiff appeals from an order dismissing his amended complaint to foreclose a mortgage on property owned and occupied by the University Club of Evanston. He brought suit in his capacity as one of four trustees under a trust agreement which was created to refinance an existing bank mortgage. Plaintiff also asserts a claim based on his status as a beneficiary of the trust. The trial court granted defendants’ section 48 motion to dismiss on the basis that plaintiff lacks legal capacity to maintain the suit. (Ill. Rev. Stat. 1979, ch. 110, par. 48(b).) We affirm.

The facts may be stated briefly.…