#### National Surety Company, appellee, v. W. M. Smith et al., trading as Smith, Hardy & Company, appellants.

Gen. No. 31,121.

Suit to recover payment for stock certificate. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Prank M. Padden, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.

Reversed and remanded.

Opinion filed November 29, 1926.

Webster, Holmes & Holmgren, for appellants; Elmer N. Holmgren, of counsel. A. M. Blum, for appellee.

Mr. Justice Matehett

delivered the opinion of the court.