¶1delivered the opinion of the court.
¶2This case is almost identical with case No. 2037. Tlie only difference is in the amount of the loan, but the issue is the same, the same evidence was examined in both cases and the fundamental errors assigned were the same.
¶3*140For the reasons stated in onr decision in case No. 2037 the judgment is reversed and the defendant is acquitted.
¶4Reversed.