La Porte Motor Co. v. Firemen's Insurance Co.

The particular finding of the court which must be considered here is, that on the 7th of December, 1930, the automobile was stolen by a person, or persons, unknown. If this finding is against the great weight and clear preponderance of the evidence, that is if the only reasonable inference to be drawn is that it was taken by Reynold, the *399judgment must be reversed. Theft of a car is not proven where all that is shown is a simultaneous disappearance of the car and of the one holding it under a conditional sales contract. The insurance policy stipulated that no liability was to arise out of the…