#### Arbenz Car Company, Defendant in Error, v. Edward J. Ader, Plaintiif in Error.

Gen. No. 22, 179.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Chables N. Goomsrow, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1916.

Affirmed.

Opinion filed June 27, 1917.

Statement of the Case.

Action by the Arbenz Car Company, a corporation, plaintiff, against Edward J. Ader, defendant, to recover on a promissory note. To reverse a judgment *54for plaintiff for $481.50, defendant prosecutes this writ of error.

Abstract of the Decision.

Principal and agent, § 103* — when evidence shows notice to third person of lack of authority of agent to make settlement. In an action to recover on a promissory note, as a defense to which was set up a settlement with plaintiff’s agent, evidence held sufficient to show that defendant had notice that the agent had no authority to make the settlement.

William Friedman, for plaintiff in error.

Franklin N. Wood, for defendant in error.

Mr. Presiding Justice Goodwin

delivered the opinion of the court.