Vigliotti v. Home Insurance

Kelly, P. J.:

This is an action to recover the value of an automobile stolen from plaintiff, as to which defendant had insured plaintiff against loss from theft. The plaintiff was in possession of the automobile under a conditional bill of sale, title to remain in the seller until *399payment of the full consideration. The balance unpaid was secured by plaintiff’s notes for installments payable every thirty days, with provision that on default in payment of any note the entire amount of the consideration unpaid should be due at the option of the seller. Plaintiff had also secured an indorser on…