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YOUNG MEN'S CHRISTIAN ASSN. v. BAILEY

41321, 41322.

112 Ga. App. 684 (1965)

146 S.E.2d 324

YOUNG MEN'S CHRISTIAN ASSOCIATION v. BAILEY; and vice versa.

Court of Appeals of Georgia.

Decided October 29, 1965.

Rehearing Denied November 23, 1965.

Attorney(s) appearing for the Case

Greene, Neely, Buckley & DeRieux, Ferdinand Buckley, James A. Eichelberger, for plaintiff in error.

G. Seals Aiken, W. O. Slate, contra.

EBERHARDT, Judge.

1. The court erred in granting a new trial on special ground 4. In her petition plaintiff alleged that the defendant is a charitable organization. In the light of that (except as to administrative or corporate negligence) it was necessary to allege that it owned noncharitable assets out of which she might expect to satisfy any judgment that might be obtained. Cox v. DeJarnette,

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