Smith's New & Used Cars, Inc. v. Safeguard Insurance

Felton, Chief Judge.

It is necessary to decide only one question in this case, the answer to which disposes of the defendant’s motion for a judgment notwithstanding the verdict and its motion for new trial. The contention of the plaintiff in the trial court is that it owned the title and right of possession to the property involved. The evidence showed that the property was owned on December 8, 1960, by Jerry D. Stone; that the automobile was stolen from Jerry D. Stone on December 7, 1960, and that on February 2, 1961, the insurance company paid to Jerry D. Stone the sum of $2,750, the agreed…