Continental Ins. Co. v. Dillow

Defendants in error S. S. Dillow and C. L. Sheffield sued to recover of plaintiff in error on an insurance policy against theft, issued to them on a certain automobile, which they had sold to one Eugene Tateman, retaining a mortgage on said automobile. It was alleged that the automobile was stolen at some time between March 31 and April 7, 1923. The court instructed a verdict for defendants in error, and on such verdict judgment was rendered in favor of defendants in error for $412.46.

The evidence failed to show a theft of the automobile. It was lawfully in possession of Eugene Tateman, to…