S. H. Waugaman v. Skyline Country Club Et

MERRILL, Justice. This is an appeal from a judgment of non-suit which was induced by the sustaining of demurrers to the three
counts of appellant's complaint as last amended. The suit was for damages for the 'wrongful and malicious expulsion' of appellant
from membership in Skyline Country Club, Inc., in Mobile. Counts One, Two and Three of the complaint as last amended aver that plaintiff was a member in good standing of defendant
Skyline at the time his wife was seriously injured while playing golf on defendant Skyline's course; that negotiations were
entered into with defendant Skyline's public liability insurance carrier (defendant St. Paul Fire & Marine Insurance
Company) toward the adjustment of claims arising out of the wife's injuries; that the parties were unable to agree upon an
amount in settlement of such claims; that plaintiff and his wife then filed actions at law against defendant Skyline; and
that eight days after service of such actions was perfected, plaintiff was wrongfully and maliciously caused to be expelled
from his membership in defendant Skyline. Counts One and Two aver that this wrongful and malicious expulsion was because of
the filing of plaintiff's action against defendant Skyline, and Count Three avers that the wrongful and malicious expulsion
was because of the 'presentation or tendering of such claim or claims as aforesaid.' Count Two added that appellant was wrongfully
and maliciously expelled without any hearing, and without notice and opportunity to be heard.