#### Courtney R. Merrill, surviving partner of John McCabe & Company, trading as Union Bank of South Chicago, plaintiff in error, v. Joseph M. Kranz and Peter Sadowski, defendants in error.

Gen. No. 27,525.

Assumpsit by a surviving partner upon promissory notes. Judgment for defendants. Error to the County Court of Cook county; the Hon. Frank 8. Righeimer, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1922.

Reversed and remanded.

Opinion filed October 3, 1922.

William Graham and Roy 0. Merrick, for plaintiff in error. Peden, Graydon, Kahn & Murphy, for defendants in error.

Mr. Justice Gridley

delivered the opinion of the court.