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DOWNS v. EXCHANGE NAT. BANK OF CHICAGO

Gen. No. 47,753.

24 Ill. App.2d 24 (1959)

163 N.E.2d 858

Thomas J. Downs, as Administrator of the Estate of Lorraine Tharpe, Deceased, Appellant, v. Exchange National Bank of Chicago, John A. Roiter and Ruth Roiter, Appellees.

Appellate Court of Illinois — First District, First Division.

Released for publication February 9, 1960.

Attorney(s) appearing for the Case

Arthur S. Gomberg, of Chicago (Samuel Nineberg, of counsel) for appellant.

Tenney, Sherman, Bentley, and Guthrie, of Chicago (Kenneth B. Hawkins and Stephen J. Nagy, of counsel) for defendants.

JUSTICE McCORMICK delivered the opinion of the court.

This appeal involves an interpretation of section 43(2) of rule 1 of the Rules of the Municipal Court of Chicago, which is identical with section 43(2) of the Civil Practice Act (Ill. Rev. Stat. chap. 110, sec. 43(2)) permitting pleading in the alternative.

The case originated in an accident to the decedent, Lorraine Tharpe, who on December 12, 1957, was a tenant in the premises owned by the defendants...

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