#### Catharyn Wilson, Executrix, Defendant in Error, v. F. Norwood Wilson, Plaintiff in Error.

Gen. No. 21,586.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Habby M. Pisheb, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1915.

Affirmed.

Opinion filed October 10, 1916.

Statement of the Case.

Action by Catharyn Wilson, executrix of the estate of Thomas S. Wilson, deceased, plaintiff, against F. Norwood Wilson, defendant, on a promissory note alleged to have been made by the defendant. To review a judgment for plaintiff, defendant prosecutes a writ of error.

*479Abstract of the, Decision.

1. Bills and notes, § 407 * —when burden of proof is on defendant. In an action on a promissory note, held that the burden of proving the defense of failure of consideration was on the defendant.

2. Bills and notes, § 461*—when verdict properly directed. Evidence in an action on a promissory note held to justify a directed verdict for the plaintiff.

James A. Wagoner, for plaintiff in error.

Culver, Andrews, King & Cook, for defendant in error.

*

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

Mb. Justice McDonald

delivered the opinion of the court.