#### Herbert Hammond, appellant, v. J. W. MacDonald, appellee.

Gen. No. 6,742.

■ Assumpsit to recover amount due on a promissory note. Judgment for defendant. Appeal from the Circuit Court of Kane county; the Hon. Mazzini Slusser, Judge, presiding. Heard in this court at *637the October term, 1919.

Reversed and remanded.

Opinion filed October 12, 1920.

Rehearing denied and opinion modified December 2, 1920.

Sabath, Stafford & Sabath, for appellant. Alschuler, Putnam & Flannigen, for appellee.

Mr. Justice Niehaus

delivered the opinion of the court.