#### Alfred H. Smith, appellee, v. Frankfort General Insurance Company, appellant.

Gen. No. 23,723.

Action against indorser of note. Judgment for plaintiff on issue of waiver, of presentment. Appeal from the Municipal Court of Chicago; the Hon. Sheridan E. Fry, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.

Reversed with finding of facts.

Opinion filed October 15, 1918.

Bulkley, More & Tallmadge, for appellant.

Erie Winters, for appellee.

Mr. Justice Matehett

delivered the opinion of the court.