#### Ben Mammina, trading as Ben’s Tri State Motor Express, appellee, v. Homeland Insurance Company of America, appellant.

Gen. No. 40,135.

Heard in the third division of this court for the first district at the June term, 1938.

Opinion filed October 26, 1938.

Rehearing denied November 9, 1938.

I. W. Kaufman, for appellant. William Feldman and Abraham Feldman, for appellee.

Mr. Justice Denis E. Sullivan

delivered the opinion of the court,