#### John Chrystal, Appellee, v. John S. Level, Appellant.

Gen. No. 19,926.

(Not to he reported in full.)

Appeal from the Circuit Court of Cook county; the Hon. John P. McGoorty, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1913.

Affirmed.

Opinion filed December 22, 1914.

Statement of the Case.

A judgment by confession was entered on a judgment note for fourteen hundred and forty dollars made by John S. Level and David H. Craig payable to John Chrystal. Afterwards the judgment was opened and the defendants given leave to plead, whereupon they filed pleas of. the general issue, failure of consideration and want of consideration. At the trial a judg*171ment was entered for the plaintiff and the defendant Level appealed.

Abstract of the Decision.

Burns and notes, § 50 * —when judgment note not void for want or failure of consideration. Where a judgment note was given in settlement of a lawsuit and also in consideration of a balance due on two promissory notes which were surrendered and marked paid, there was a good consideration for the judgment note; and in an action on such judgment note it could not he contended that there was want of consideration or failure of consideration.

Rankin, Howard & Donnelly, for appellant.

Charles C. Spencer, for appellee.

*

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

Mr. Justice Smith

delivered the opinion of the court.