#### Assets Adjustment Company, Appellant, v. John P. O’Brien, Appellee.

Gen. No. 20,903.

(Not to be reported in full.)

Appeal from the County Court of Cook county; the Hon. David T. Smiley, Judge, presiding.

Heard in the Branch Appellate Court at the October term, 1914.

Affirmed.

Opinion filed October 5, 1915.

Statement of the Case.

Action by Assets Adjustment Company, a corporation, against John P. O’Brien. The declaration was upon an assignment of wages made to secure two cer*25tain notes described therein. It averred that the plaintiff corporation acquired title to said notes in due course of business; that to secure them one of the makers thereof, then in the employ of the defendant, 0 ’Brien, executed an assignment of his salary in writing, of which O’Brien was duly notified, and that said maker of the note had since such notification, while in the employ of said defendant, earned a sum in excess of the amount due on said notes. From a judgment sustaining a demurrer to the declaration, and dismissing the suit, plaintiff appeals.

Abstract of the Decision.

Assignments, § 33 * —when declaration demurrable. A declaration upon an assignment of wages to secure two notes, which fails to allege that the notes remain unpaid or that there was any demand for their payment, that the wages were due and payable at the time of commencement of suit, or that plaintiff is the actual bona fide owner thereof as required by section 18 of the Practice Act (J. & A. K 8555), is demurrable.

Julian C. Ryer, for appellant.

Daniel P. Trude and T. J. Lawless, for appellee; M. Marso, of counsel.

*

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

Mr. Justice Barnes

delivered the opinion of the court.