#### Julius L. Marks, Defendant in Error, v. John Hancock Mutual Life Insurance Company, Plaintiff in Error.

Gen. No. 21,517.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Sheridan E. Fey, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1915.

Reversed with finding of fact.

Opinion filed October 10, 1916.

Statement of the Case.

Action by Julius L. Marks, plaintiff, against John Hancock Mutual Life Insurance Company, a corporation, defendant, to recover commissions as agent for the defendant in procuring the issuance of policies of insurance on his own life. To review a judgment for plaintiff, defendant prosecutes a writ of error.

*457Abstract of the Decision.

Insurance, § 64 * —when evidence insufficient to show procurement of policies try agent or contract for payment of commissions. In an action against an insurance company for commissions alleged to have been earned by the plaintiff in procuring policies of insurance to be issued on his own life, evidence held to show that the plaintiff had not procured the issuance of the policies and that he had no subsisting contract for the payment of such commissions at the time the policies were applied for.

Adams, Crews, Bobb & Wescott, for plaintiff in error; George B. McKibbin, of counsel.

Pines & Newmann, for defendant in error.

*

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

Mr. Presiding Justice Barnes

delivered the opinion of the court.