#### Charles B. Ensign, trading as C. B. Ensign & Company, Appellant, v. William J. Leahy, Jr., Appellee.

Gen. No. 23,291.

(Not to he reported in full.)

Abstract of the Decision.

Bills and notes, § 440 * —when judgment for defendant not warranted ly evidence. In an action to recover the balance due on a note, which was a part of an outline of studies, which were never given, and was detached and sold to plaintiff for value before maturity, where the evidence was undisputed that plaintiff was an innocent purchaser for value and defendant made payments on the note in its detached form at plaintiff’s office, where he admitted he saw the note, evidence held insufficient to warrant a judgment for defendant.

Appeal from the Municipal Court of Chicago; the Hon. William N. Gemmill, Judge, presiding. ■

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

Reversed and judgment here.

Opinion filed April 16, 1918.

Statement of the Case.

Action by Charles B. Ensign, trading as C. B. Ensign & Company, plaintiff, against William J. Leahy, Jr., defendant, to recover a balance due on a certain promissory note. From a judgment for defendant, plaintiff appeals.

Oliver M. Olson, for appellant.

No appearance for appellee.

*

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

Mr. Justice McDonald

delivered the opinion of the court.