In this action on a motor truck cargo insurance policy against theft, brought by the insured trucking firm against the insurer, the fact appears that the cargo was stolen before its delivery to the consignee, and while located on the premises of the insured. The consignor instructed the insured motor carrier to postpone delivery pending payment for the goods by the consignee. The consignor has obtained judgment against plaintiff for the loss, but plaintiff is precluded from...
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