#### George H. Helberg, Defendant in Error, v. Benjamin F. Odell, Plaintiff in Error.

Gen. No. 20,104.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Joseph E. Ryan, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1914.

Affirmed.

Opinion filed April 13, 1915.

Statement of the Case.

Action by George H. Heiberg against Benjamin F. Odell to recover money paid under protest. . Heiberg on taking up his note was charged by defendant a sum for attorney’s fees and interest, which he paid under protest. From a judgment in favor of plaintiff, the defendant brings error.

Benjamin F. J. Odell, pro se.

No appearance for defendant in error.

*

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.

*267Abstract of the Decision.

Payment, § 43 * —when excess payment may he recovered. Where the maker of a collateral note pays, under protest, to the holder a sum as attorney’s fees and excess interest not demandable under the terms of the note, such sum may be recovered in a suit against him.