Rainbow Falls Fish & Game Club, Inc. v. Clute

The defendant moves under rule 113 of the Rules of Civil Practice for an order dismissing the plaintiff’s complaint and for judgment in favor of the defendant.

Plaintiff maintains that upon the record and under said rule, it appears that plaintiff is entitled to judgment and requests such relief.

The plaintiff seeks judgment upon two separate causes of action. In the first cause of action the plaintiff seeks to recover the sum of five dollars for the annual dues of the club which became due and payable April 1, 1940. Defendant admits in his answer that the plaintiff is a domestic corporation;…