#### Edwin P. Tilly, appellee, v. Thomas W. Burton, appellant.

Gen. No. 26,014.

Action to recover money retained by defendant out of the proceeds of a check made out to plaintiff and given in payment of an insurance policy on the life of plaintiff’s daughter, who was the wife of defendant. Judgment for plaintiff. Appeal from the County Court of Cook county; the Hon. Harry C. Moran, Judge, presiding. Heard in this 'court at the October term, 1919.

Reversed and remanded.

Opinion filed October 17, 1921.

Litsinger, Healy & Reid, for appellant; James J. Finn, of counsel. Charles P. Molthrop, for appellee.

Mr. Justice McSurely

delivered the opinion of the court.