#### Henry L. Steinke, Plaintiff in Error, v. Julius Eisner, Defendant in Error.

Gen. No. 19,001.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. John R. Caveblt, Judge, presiding. Heard in this court at the March term, 1913.

Affirmed.

Opinion filed January 25, 1915.

Statement of the Case.

Action by Henry L. Steinke against Julius Eisner to recover for money loaned and merchandise sold and delivered. Upon a trial without a jury, the testimony of plaintiff in support of his claim was contradicted categorically as to each item by the testimony of de*173fondant. To reverse a judgment entered on a finding in favor of defendant, plaintiff prosecutes a writ of error.

Abstract of the Decision.

1. Trial, § 286a * —necessity of argument. It is not error for the court trying a case without a jury to render a decision without requiring argument of counsel.

2. Appeal and error, § 989*—when disallowance of motion for nonsuit not presented for review. Refusal of court to allow a motion to be made for a nonsuit is not presented for review where it does not appear from the record any attempt to make such a motion was made.

Frank Foster, for plaintiff in error.

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.