Bankers & Shippers Ins. Co. of New York v. Ellis Green Motor Co.

HIGGINS, Justice (after stating the facts as above).

1. The first point presented is the theft of the car was not covered by the policy, because the salesman Boren had authority to surrender the possession of the car to Smythe, and voluntarily did so. All of the *296evidence shows Boren had no express authority to surrender cars to prospective pur-' chasers for demonstration unless he or some other representative of the assured went with the car; that his action in this instance was contrary to the order of his employer, and he was immediately discharged for disobeying such order.

Implied…