#### Harry A. Massey, trading as Harry A. Massey & Company, for use of Chicago Title & Trust Company, as trustee in bankruptcy of Harry A. Massey & Company, appellant, v. W. W. Tate, appellee.

Gen. No. 28,773.

Action upon contract of guaranty. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Samuel H. Trade, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1923.

Affirmed.

Opinion filed October 30, 1924.

Lurie & Mshell, for appellant. Adams, Eollansbee, Hawley & Shorey, for appellee; Mitchell D. Eollansbee and John E. Gaven, of counsel.

Mr. Presiding Justice O’Connor

delivered the opinion of the court.