#### N. Mazzarella, Plaintiff in Error, v. Olives Kamberos, Defendant in Error.

Gen. No. 18,534.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. John R. Newcomes, Judge, presiding.

Heard in the Branch Appellate Court at the October term, 1912.

Affirmed.

Opinion filed December 4, 1913.

*62Abstract of the Decision.

1. Municipal court of Chicago, § 26 * —presumption in the absence of statement of facts, etc. In the absence of a statement of facts, stenographic report or bill of exceptions, presumed that there was sufficient evidence to warrant the finding and judgment.

2. Municipal court of Chicago, § 26 * —what transcript of record must disclose. Error of court in denying plaintiff’s motions to strike defendant’s statement of set-off from the files cannot be considered where the transcript of the record does not disclose that such motion and ruling were made.

3. Set-off and recoupment, § 38 * —burden of proof. Burden of proof is upon defendant to establish the existence and validity of his claim of set-off by a preponderance of the evidence.

Statement of the Case.

Action by N. Mazzarella against Olives Kamberos to recover fifty dollars claimed to be due to plaintiff for goods sold and delivered to defendant. Defendant filed a statement of set-off or counterclaim for seventy dollars whitfii he claimed to be due to him from plaintiff in a transaction unconnected with plaintiff’s cause of action. Prom a judgment in favor of defendant for twenty dollars, entered on a finding against plaintiff on defendant’s claim of set-off, plaintiff brings error.

Cairoli Giglioiti, for plaintiff in error.

No appearance for defendant in error.

*

See Illinois Notes Digest, Vols. XI to XV, same topic and section number.

Mr. Justice Gridley

delivered the opinion of the court.