First District.

#### N. M. Andruchow, appellee, v. Western Union Telegraph Company, appellant.

Gen. No. 29,536.

Suit for money had. and received. Judgment for the plaintiff. Appeal from the Municipal Court of Chicago; the Hon. George A. Curran, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.

Reversed with a finding of facts.

Opinion filed June 9, 1925.

West & Eckhart, for appellant; Francis R. Stark and Joseph L. Egan, of counsel.

Webster, Holmes & Holmgren, for appellee; Grover E. Holmes, of counsel.

Mr. Presiding Justice Fitch

delivered the opinion of the court.