#### Dan Toumey, appellee, v. Herman Schmidt, appellant.

Gen. No. 26,748.

Action for the recovery of money loaned to defendant. Claim of set-off by defendant for commissions on whisky purchased for plaintiff. Judgment for plaintiff for the full amount of his claim. Appeal from the Municipal Court of Chicago; the Hon. James Dona-hoe, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1921.

Reversed and remanded.

Opinion filed December 30, 1921.

Moses, Rosenthal & Kennedy, for appellant; Robert Baehrach and Herbert Kennedy, of counsel.

Kelly, Burns, Daly & Fitzgerald, for appellee; John A.. Burke and James D. Murphy, of counsel.

Mr. Presiding Justice Gridley

delivered the opinion of the court.