No. 12934. November 18, 1949. Rehearing Denied January 17, 1950. A.C. Wheeler, Gainesville, Ga., for appellant. Alex W. Smith, Atlanta, Ga., R. Wilson Smith, Jr., Gainesville, Ga., for appellee. Before HUTCHESON, HOLMES, and SIBLEY, Circuit Judges. HOLMES, Circuit Judge. The appellant, Mark McConnell, seeks recovery from the appellee, Fireman's Fund Insurance Company, for loss and damage resulting from the theft of a Chevrolet automobile, which was insured by an automobile dealer's open policy against