United States Fidelity & Guaranty Co. v. Shields

It is clear from the testimony of the plaintiff’s messenger or custodian that the felonious taking of the money from his automobile had been completed before the messenger became cognizant of it. He had not even suspected that the money was missing until he came back from his examination of the motor, which he had been unable to start, and saw that the money was not on the seat where he had left it. True enough, after that he did see some unknown party "walking fast” down the street, enter a car driven by another man and drive away. But he did not see the money in the possession of either,…