Legal Opinion

Benner v. Hudelson Baptist Home

Appellate Court of Illinois

Decided February 22, 1960No. Term 59-O-29PublishedCited by 3 opinions

1Opinion of the CourtJustice Culbertson

This matter comes before us on appeal from an order of the Circuit Court of Marion County, sustaining a motion to dismiss the complaint filed by Victoria A. Benner, Conservator of the Estate of Dale A. Benner, Incompetent, as against defendant, Hudelson Baptist Home, a Corporation. The complaint requested a declaratory judgment, and after dismissal of the complaint, the plaintiff elected to stand by the pleadings and pursued the appeal to this Court.

It appears from the pleadings that on March 21, 1946, Dale Benner delivered two checks in the total sum of $3134.95 to Dr. Paul Smith. The checks…

2Cases cited4 opinions

  1. Awotin v. AbramsAppellate Court of Illinois · 1941
  2. Woods v. First National BankAppellate Court of Illinois · 1942
  3. Harris Trust & Savings Bank v. MorseAppellate Court of Illinois · 1925
  4. New York Life Insurance v. 1325 Astor Street Building Corp.Appellate Court of Illinois · 1945

3Cited by3 opinions

  1. Goldberg v. Valve Corp. of AmericaAppellate Court of Illinois · 1967
  2. Divco-Wayne Sales Financial Corp. v. Martin Vehicle Sales, Inc.Appellate Court of Illinois · 1963
  3. De Vito v. Village of ElburnAppellate Court of Illinois · 1962

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