#### Charles B. Travis, Defendant in Error, v. George F. Leibrandt, Plaintiff in Error.

Gen. No. 22,095.

(Not to be reported in full.

Error to'the Municipal Court of Chicago; the Hon. John Courtney, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1916.

Affirmed.

Opinion filed May 31, 1917.

Statement of the Case.

Action by Charles B. Travis, plaintiff, against George F. Leibrandt and the Lincoln State Bank of Chicago, a corporation, defendants, to recover $111. The case was tried before the court without a jury and, after evidence was introduced, plaintiff dismissed *17as to the Lincoln State Bank and there was a finding and judgment against defendant Leibrandt for the amount of plaintiff’s claim, to reverse which he prosecutes this writ of error.

Abstract of the Decision.

Principal and agent, § 224 * —when "burden of proving agency is on defendant. In an action against one to recover commissions on the sale of stock, where defendant claims that in making the agreement for such sale he was acting as agent and not for himself, the burden of proving the agency is on him.

Harry A. Biossat, for plaintiff in error.

Ellis & Westbrooks, for defendant in error.

*

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

Mr. Presiding Justice O’Connor

delivered the opinion of the court.