#### F. A. Morris for use of Ottis Benedict et al., trading as the Benedict Type-setting Company, for use of Kilgore Linotype Company, Defendant in Error, v. Hankel Printing Company, Plaintiff in Error.

Gen. No. 21,429.

(Not to he reported in full.)

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

Reversed and cause dismissed.

Opinion filed December 27, 1916.

Statement of the Case.

Action by F. A. Morris for use of Ottis Benedict, Lillian Braham and Earl Benedict, trading as the Benedict Type-setting Company, for use of Kilgore Linotype Company, a corporation, plaintiff, against *332the Hankel Printing Company, a corporation, defendant, to recover on an account for metal delivered to the defendant. To review a judgment for plaintiff, defendant prosecutes a writ of error.

E. Egbert Collins, for plaintiff in error; Morton T. Culver, of counsel.

Charles Daniels and Sumner C. Palmer, for defendant in error.

Abstract of the Decision.

Assignments, § 37 * —what assignee must grove in action against debtor. Where a lessee of a printing shop and typesetting machines brought an action against one of its customers to recover on an account for metal delivered to the defendant by the plaintiff’s lessor, which account the plaintiff claimed it had acquired at the time of making the lease and for which the defendant claimed it had settled with the plaintiff’s lessor with whom it had previously done business, not having had any notice of the assignment thereof, held that a judgment for the plaintiff was not justified, as it had failed to prove notice to the defendant of such assignment.

*

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

Mr. Justice Taylor

delivered the opinion of the court.