#### Clara C. Gichau for the use of Frederick W. Clare, appellant, v. First Union Trust and Savings Bank, appellee.

Gen. No. 36,776.

Opinion filed March 6, 1934.

Heard in the second division of this court for the first district at the June term, 1933.

Rehearing denied March 21, 1934.

Charles Danto, for appellant. Miller, Gorman, Wales & Adams and Amberg, Ott, Dahlin & Livingston, for appellee.

Mr. Justice Scanlan

delivered the opinion of the court.