#### Joseph Reeder, Defendant in Error, v. The West Side Trust & Savings Bank, Plaintiff in Error.

Gen. No. 18,553.

(Not to foe reported in full.)

Abstract of the Decision.

Appeal and ebeob. § 1414 * —when finding of court is not conclusive. Where a person claimed to have made a deposit of-$158.50 in a bank but received a credit for only $128.50, and produced a deposit slip from which it appeared that a mistake occurred in adding the amount of $57 to $71.50 so as to make a total of $158.50, and the evidence was conflicting as to whether the “5” in the item of $57 was written by the plaintiff or by the teller, held that the finding of the trial court that such figure was written by the teller was manifestly against the weight of the evidence, there being good ground for believing the contrary, wherefore a new trial would be ordered.

Error to the Municipal Court of Chicago; the Hon. Habry P. Dolan, Judge, presiding. Heard in this court at the March term, 1914.

Reversed and remanded.

Opinion filed December 21, 1914.

Statement of the Case.

Suit by Joseph Reeder against The West Side Trust & Savings Bank to recover money claimed to have been deposited with the defendant Bank for which he had not received credit. From a judgment for the plaintiff, the defendant brings error.

McEwen, Weissenbach, Shrimski & Meloan, for plaintiff in error; Jerome J. Cermak, of counsel.

No appearance for defendant in error.

*

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

Mr. Justice McSurely

delivered the opinion of the court.