delivered the opinion of the court.
Ziemann v. Sychowski, 207 Ill. App. 124 (1917)
July 2, 1917
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Illinois Appellate Court
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Gen. No. 23,038
207 Ill. App. 124
Frank J. Ziemann, Plaintiff in Error, v. Bernard Sychowski, Defendant in Error.
Gen. No. 23,038.
(Not to be reported in full.)
Abstract of the Decision.
Bills and notes, § 443 * — when evidence insufficient to sustain finding of failure of consideration. In an action to enforce the payment of instalments on a promissory note, evidence examined and held to show a finding and judgment for defendant, oh the ground of failure of consideration, to he contrary to the probative force of the evidence.
Error to the Municipal Court of Chicago; the Hon. Joseph S. LaBuy, Judge, presiding. Heard in this court at the March term, 1917.
Reversed and judgment here for $130.15.
Opinion filed July 2, 1917.
Statement of the Case.
Action by Frank J. Ziemann, plaintiff, against Bernard Sychowski, defendant, to enforce payment of certain instalments on a promissory note. To reverse a judgment of nil capiat, plaintiff prosecutes this writ of error.
Edward E. Shinnick, for plaintiff in error.
Winston, Payne, Strawn & Shaw, for defendant in error; Rupert D. Donovan and Leslie M. O’Connor, of counsel.