#### Louis H. Mahnke, Jr., Administrator, Appellee, v. P. J. Harmon, Appellant.

Gen. No. 23,119.

(Not to be reported in full.)

Appeal from the Municipal Court of Chicago; the Hon. Charles A. Williams, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1917.

Reversed and remanded.

Opinion filed October 31, 1917.

Statement of the Case.

Action by Louis H. Mahnke, Jr., administrator of the estate of Louis H. Mahnke, deceased, plaintiff, *154against P. J. Hannon, defendant, on a promissory note. There was judgment for plaintiff, entered by confession, for $1,556.83, which defendant moved to vacate. From the order denying the motion to vacate, defendant appeals.

Abstract of the Decision.

1. Judgment, § 88 * ,—what question considered on appeal from order denying motion to vacate judgment 5y confession. On appeal from an order denying a motion to vacate a judgment entered by confession, the only question to be considered is whether the affidavit submitted in support of the motion set up a prima facie defense.

2. Judgment, § 82*—when affidavit in support of motion to vacate judgment 6y confession on promissory note presents defense. An affidavit in support of a motion to vacate a judgment entered by confession on a promissory note which avers that affiant is and was discount teller of a bank of which defendant was president and that the note was without consideration and was given by defendant to procure the payment by plaintiff’s intestate of a loan made by the bank to the latter through defendant’s procurement, and that such loan had never been paid by plaintiff’s intestate, who had also ■ never requested that the note be paid, is sufficient to establish a prima facie defense to the note.

McMahon & Graber, for appellant.

J. Walter Stead, for appellee.

*

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

Mr. Justice O’Connor

delivered the opinion of- the court.