Automobile Ins. Co. of Hartford, Conn. v. Kirby

On April 28, 1930, one McCrary owned a Buiek sedan. The appellant, Automobile Insurance Company, had issued what is known as a theft policy covering the automobile. On the date mentioned, in the morning, McCrary parked his car in front of his place of business in Birmingham, gave no one permission to move the car, and about an hour later, returning for his car, found that it had been stolen. On April 30, 1930, the pay roll of the Goodyear Tire & Rubber Company was taken by robbers in East Gadsden, and McCrary’s car was later found at the scene of the robbery, and the defendant, Kirby, took…