Gillespie v. Export Insurance

Opinion by

Trexler, P. J.,

This is a suit on an insurance policy covering an automobile. The contract, inter alia, insures against direct loss or damage by theft. In order to recover the plaintiff, Gillespie, was required to prove that the automobile had been stolen. The jury found in his favor. The appellant claims that plaintiff failed to make out his case. The material facts are as follows:

G-illespie and others were together at a house where a “spaghetti” party had been held earlier in the evening. His automobile was parked in front of the house, and later Fabery, who was a late comer at the…