#### Paul Block, Incorporated, Appellee, v. Frank O. Balch, Appellant.

Gen. No. 18,926.

(Not to be reported in full.)

Appeal from the Municipal Court of Chicago; the Hon. Robert H. Scott, Judge, presiding.

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

Affirmed.

Opinion filed February 3, 1914.

Statement of the Case.

Action by Paul Block, Incorporated, against Frank O. Balch on a promissory note. From a judgment for plaintiff, defendant appeals.

Harry A. Biossat, for appellant.

Isaac S. Rothschild, for appellee.

*132Abstract of the Decision.

Bills and notes, § 450*—sufficiency of evidence of presentment for payment. Positive testimony by the holder of a note that same was presented to defendant as indorser on both the day before and on the day of its maturity, but that he did not request payment on the former date, was held, in the absence of a specific denial of the fact in controversy, to indicate- with sufficient certainty that the note was presented for payment on the date of its maturity, although in the course of his examination the witness became somewhat confused as to dates.

Mr. Justice Barnes

delivered the opinion of the court.