James v. Phoenix Assurance Co.

Plaintiffs in error were plaintiffs in an action against the defendant in error to recover on an insurance policy for damages to an automobile insured by said policy.

The parties stipulated as to the facts, which are, that the plaintiffs are mortgagees of the injured automobile; that the automobile was loaned by the mortgagor to a brother-in-law for a temporary use, without authority to permit any one else to use it; that while in the possession of such bailee, a third party obtained the automobile under a false statement that he had authority from the owner to take it; and that while in his…