Jacob Cohen for the use of Alliance Insurance Company, appellant, v. C. J. Durk, trading as Central Motor Works Garage, appellee.

Gen. No. 34,941.

Opinion filed October 9, 1931.

Rehearing denied October 21, 1931.

Kremer, Branand & Hamer, for appellant.

Russian & DeBolt, for appellee.

Mr. Justice Kerner

delivered the opinion of the court.