Hartford Fire Insurance Co. v. Lewis

On Motion for Rehearing.

Nichols, Presiding Judge.

The insurance company, in its motion for rehearing, strongly urges that the testimony of the person taking the automobile as to his intent “not to steal” it, together with the advice he obtained from his employer’s attorney as to the title to such automobile demanded a finding that there was no intent to steal and therefore no theft under the provisions of the insurance contract.

The testimony of the employee of Don McCullagh Leasing Company as to his good faith (intent) was admissible, but as was held in Royce & Co. v. Gazan, 76 Ga. 79 (5): “A…