No. 2239.

#### Daniel H. Horne v. John Walton.

This was an action on the ease for fraud and deceit, brought by appellee against appellant in the Circuit Court of Cook county, resulting in a verdict and judgment for appellee for §2,900. It appears that appellee had §2,000 deposited in the Illinois Trust and Savings Bank, and the evidence tended to show that he was induced by the representations of appellant to Avithdraw the money from the bank, and allow appellant to *642 loan it upon the security of a note and mortgage purporting to be executed by one Carpenter, of Cincinnati, for whom appellant claimed to be agent, which security was worthless, and known to be so by appellant when obtaining the money from appellee, whereby the money was wholly lost. The question as to the alleged fraud was peculiarly one for the consideration of the jury, and the court is of opinion that the jury were justified in finding that the charge of fraud was proven as alleged and that the verdict is supported by the evidence. Daniel JEL Horne v. Sarah A. Walton, Ho. 126—•• 2240, is affirmed for the same reason as the above.

Judge below, Kirk Hawes.

Attorney for appellant, Mr. L. H. Condee.

Opinion filed Jan. 20, 1886.

Opinion Per Curiam.