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STOLLERY BROS. v. INTER-INSURANCE EXCHANGE

Gen. No. 47,162.

15 Ill. App.2d 179 (1957)

145 N.E.2d 768

Stollery Bros., Inc., Appellant, v. Inter-Insurance Exchange of Chicago Motor Club, a reciprocal, inter-insurance exchange, Appellee.

Appellate Court of Illinois — First District, First Division.

Rehearing denied November 12, 1957.

Released for publication December 5, 1957.

Attorney(s) appearing for the Case

Frederick J. Bertram, of Chicago, for appellant.

Meyers & Matthias (Donald L. Thompson, of counsel) for appellee.

PRESIDING JUSTICE SCHWARTZ delivered the opinion of the court.

On October 6, 1950, one Schmidt drove his automobile over a sidewalk and through the store front of a florist shop owned by plaintiff. On June 3, 1952 plaintiff instituted suit against Schmidt for property damage and caused summons to be served. Schmidt defaulted and in due course plaintiff proved up its case and obtained judgment for $10,935 property damage. Plaintiff then brought suit against defendant...

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