#### Equitable Trust Company of New York, Plaintiff in Error, v. Louis M. Cohn, Defendant in Error.

Gen. No. 18,239.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. John D. Turnbaugh, Judge, presiding. Heard in this court at the March term, 1912.

Affirmed.

Opinion filed November 24, 1913.

Statement of the Case.

Action by Equitable Trust Company of New York, a corporation, against Louis M. Cohn to recover on a written instrument executed by defendant in which defendant promised to pay the balance of first annual *384premiums on .a life insurance policy. From a judgment for defendant, plaintiff brings error.

Abstract of the Decision.

This case held to be controlled by the decision in the Equitable Trust Co. of New York v. Harger, 258 Ill. 615, in which it was held that the same party as plaintiff was not entitled to recover on a similar writing, under similar circumstances.

Percival Steele, for plaintiff in error; Harvey L. Cavender, of counsel.

Edward H. Morris and T. Webster Brown, for defendant in error.

Mr. Justice Smith

delivered the opinion of the court.