#### Richard W. Pollard, Appellee, v. G. & J. Coal Company, Appellant.

Gen. No. 23,239.

(Not to he reported in full.)

Appeal from the Municipal Court of Chicago; the Hon. Arnold Heap, Judge, presiding.

Heard in the Branch Appellate Court at the March term, 1917.

Affirmed.

Opinion filed March 12, 1918.

Rehearing denied March 23, 1918.

Abstract of the Decision.

1. Fraud, § 87*—when not presumed. Fraud Is never presumed and must be proved by the party alleging it and by clear and convincing evidence.

2. Bills and notes, § 375*—when presumed negotiable paper is issued for valuable consideration. Negotiable paper which has been executed and delivered is presumed to have been regularly issued for a valuable consideration.

3. Bills and notes, § 375*—when presumption that bond coupons were issued for valuable consideration not overcome. Evidence held insufficient to overcome the presumption that certain bond coupons issued by defendant corporation and delivered were regularly issued for a valuable consideration.

Statement of the Case.

Action by Richard W. Pollard, plaintiff, against Gr. & J. Coal Company, a corporation, defendant, to recover the sum of $66, being the aggregate amount of eight coupons representing accrued interest due upon certain bonds issued by defendant. From a judgment for plaintiff, defendant appeals.

Edmund S. Carr, for appellant.

William Capesius, for appellee.

Mr. Justice Matchett

delivered the opinion of the court.