#### Lillian H. Cazier, Appellee, v. Phillip State Bank of Chicago, Appellant.

Gen. No. 23,283.

(Not to he reported in full.)

Abstract of the Decision.

Assumpsit, Action op, § 89 * —when evidence supports verdict in action for money had and received. In an action to recover money had and received, evidence examined and held sufficient to support a judgment for plaintiff.

Appeal from the Municipal Court of Chicago; the Hon. Arnold Heap, Judge, presiding. Heard in this court at the March term, 1917.

Affirmed.

Opinion filed December 3, 1917.

Statement of the Case.

Action "by Lillian H. Cazier, plaintiff, against Phillip State Bank of Chicago, a corporation, defendant, to recover , a balance claimed to be due out of the proceeds of a sale of realty. From a judgment for plaintiff for $3,732.29, defendant appeals.

Otto G. Ryden, for appellant.

Donald L. Morrill, for appellee.

*

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

Mr. Justice Dever

delivered the opinion of the court.