#### Benjamin M. Liphoff, appellee, v. American Surety Company of New York, appellant.

Gen. No. 28,748.

Assumpsit upon policy of liability insurance. Judgment for plaintiff. Appeal from the County Court of Cook county; the Hon. John D. Biggs, Judge, presiding. Heard in the third division of ,this court for the first district at the October term, 1923.

Reversed and remanded.

Opinion filed October 30, 1924.

Eastman, White & Hawxhurst, for appellant; Ralph R. Hawxhurst, of counsel. No appearance for appellee.

Mr. Presiding Justice O’Connor

delivered the opinion of the court.