Tuller

—Defendants were indebted to each of two business houses in Chicago for goods sold and delivered. The accounts were assigned to the plaintiff, who had prior to that time been admitted to practice in the superior court, but who was a clerk in the office of John H. Dickinson, Esq., who appeared as plaintiff’s attorney.

The answer denied the assignment and that plaintiff was the owner, alleged that plaintiff is an attorney-at-law, and connected with the law-office of John H. Dickinson, and that plaintiff bought these claims with the sole intent of bringing suit thereon.

The cause was tried without a jury, and findings and judgment went for plaintiff. Defendants appealed from the judgment, and from an order denying a new trial.

1. At the conclusion of plaintiff’s evidence, defendants moved for a nonsuit. The record discloses that the motion was taken under advisement, the court understanding that neither party had any further testimony to offer, and that if the nonsuit should be granted judgment should go for defendants; otherwise, for the plaintiff. The motion was afterwards denied and judgment entered upon the findings for plaintiff, and defendants assign for error, that the…