Employers' Fire Insurance v. Consolidated Garage & Sales Co.

Charles Martindale was the owner of an automobile which he stored with the Consolidated Garage- and Sales Company, hereafter referred to as “the sales company,” and, while it was so stored, an employee of that company, without the knowledge or consent of the owner, wrongfully took it out of the garage for his personal use and pleasure and wrecked it. At the time, Martindale had a policy of theft insurance with appellant, the Employers’ Fire Insurance Company. The insurance company paid the loss to the insured, and took an assignment from him of his right of action against the sales company,…