American Motorists Insurance Company v. Trinity Universal Insurance Company

HOLMES, Circuit Judge.

This appeal is from a judgment of the court below, declaring the rights and legal relations of the parties under a garage liability insurance policy, issued to Tom Felton, Inc., covering all automobiles owned by the latter and used for certain purposes. The vehicle involved here was a 1951 Mercury, which was damaged in an accident and which the lower court held to have been delivered to the dealer in a trade for a new car. The basic issue is whether actual delivery of the old Mercury had been consummated at the time of the accident.

The appellant contends that if title to…