Frank J. Ziemann, Plaintiff in Error, v. Bernard Sychowski, Defendant in Error.

Gen. No. 23,038.

(Not to be reported in full.)

Abstract of the Decision.

Bills and notes, § 443 * — when evidence insufficient to sustain finding of failure of consideration. In an action to enforce the payment of instalments on a promissory note, evidence examined and held to show a finding and judgment for defendant, oh the ground of failure of consideration, to he contrary to the probative force of the evidence.

Error to the Municipal Court of Chicago; the Hon. Joseph S. LaBuy, Judge, presiding. Heard in this court at the March term, 1917.

Reversed and judgment here for $130.15.

Opinion filed July 2, 1917.

Statement of the Case.

Action by Frank J. Ziemann, plaintiff, against Bernard Sychowski, defendant, to enforce payment of certain instalments on a promissory note. To reverse a judgment of nil capiat, plaintiff prosecutes this writ of error.

Edward E. Shinnick, for plaintiff in error.

Winston, Payne, Strawn & Shaw, for defendant in error; Rupert D. Donovan and Leslie M. O’Connor, of counsel.