#### Frank Waller, Defendant in Error, v. Cooke Brewing Company, Plaintiff in Error.

Gen. No. 18,644.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Rufus F. Robinson, Judge, presiding.

Heard in this court at the October term, 1912.

Affirmed.

Opinion filed February 2, 1914.

Statement of the Case.

Action by Frank Waller against Cooke Brewing Company to recover three hundred and twenty-five dollars, being a part of seven hundred dollars alleged to have been deposited by plaintiff with defendant’s cashier, John V. Cooke, for safe-keeping. From a judgment in favor of plaintiff for three hundred and twenty-five dollars, defendant brings error.

Defendant Brewing Company urges: That the money was not deposited with it but with John V. *102Cooke, and therefore the Company is not liable, and that the money so deposited was repaid to plaintiff.

Abstract of the Decision.

Assumpsit, action of, § 89 * —when judgment for money deposited sustained hy the evidence. In an action against a Company to recover money deposited by plaintiff with defendant’s cashier for safe-keeping, evidence held sufficient to sustain a finding that the money was deposited with the defendant Company and that the money had not been repaid.

Harry A. Daugherty, for plaintiff in error.

Bernstein & Bernstein, for defendant in error.

*

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

Mr. Presiding Justice Baker

delivered the opinion of the court.