#### Emanuel Mendelson, defendant in error, v. Mercantile Motor Insurance Exchange and Consolidated Insurance Agencies, plaintiffs in error.

Gen. No. 28,334.

Action on inter-insurance contract providing indemnity against theft of automobile. Judgment for plaintiff. Error to the Municipal Court of Chicago; the Hon. William N. Gemmill, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1923.

Reversed and remanded.

Opinion filed January 22, 1924.

Rankin & Lustfield, for plaintiffs in error. Milton A. Kallis, for defendant in error; Herman Herson, of counsel.

Mr. Justice Fitch

delivered the opinion of the court.