Lower Main St. Bk. v. Caledonian Ins. Co.

The opinion of the Court was delivered by

Mr. Justice Blease.

L. T. Lester, Jr., as owner of an automobile, and Lower Main Street Bank, as the holder of a mortgage covering the automobile, as plaintiffs, brought suit against the defendant on a policy insuring the automobile against theft and fire. The defendant set up the defense that the policy of insurance, involved in the action, contained the provision excepting “theft * * * by any person or persons * * * in the assured’s service or employment, whether such theft * * * occurred during the hours of such employment or not,” and denied that…