#### Margaret Hudson, Appellee, v. Merchants Reserve Life Insurance Company, Appellant.

Gen. No. 22,716.

(Not to be reported in full.)

Abstract of the Decision.

1. Witnesses, § 164 * —when attorney is not privileged from testifying. An attorney for a party is not privileged from testifying as to a communication made by him and such party to a third party.

2. Witnesses, § 169a*—when privilege is waived by party. A party waives the privilege of a communication between himself and attorney by testifying in relation to it.

3. Evidence, § 331*—when parol admissible. A receipt given for the payment of money may be explained orally.

Appeal from the Municipal Court of Chicago; the Hon. Samuel H. Trude, Judge, presiding. Heard in this court at the October term, 1916.

Reversed and remanded.

Opinion filed March 12, 1917.

Statement of the Case.

Action by Margaret Hudson, plaintiff, against Merchants Reserve Life Insurance Company, defendant, to recover on two life insurance policies for $1,000 each in which the plaintiff was the beneficiary. From a judgment for plaintiff for $1,667, defendant appeals.

Archibald A. McKinley and Luther F. Binkley, for appellant.

Litzinger, MoGurn & Reid, for appellee. *

*

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

Mr. Justice Holdom

delivered the opinion of the court.