#### Morse Brothers Machinery & Supply Company, appellee, v. R. Rosenberg, trading as Rosenberg Iron & Steel Company, appellant.

Gen. No. 26,790.

Action upon a check and protest fees thereon with interest given for certain rails, to which defendant pleaded failure of consideration. Judgment for plaintiff. Appeal from the Municipal Court of Chi-cago; the Hon. Hosea W. Wells, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1921.

Reversed with finding of fact.

Opinion filed December 30, 1921.

Bernard J. Brown, for appellant.

Pritzker & Pritzker, for appellee.

Mr. Justice Morrill

delivered the opinion of the court.