Fageol Truck & Coach Co. v. Pacific Indemnity Co.

MOORE, J., pro tem.

This action was brought to recover a loss suffered by plaintiff by reason of damage to a ten-ton truck, which it had sold under a conditional sales contract to one Thomas on November 28, 1932. From a judgment against both defendants and their two separate policies, both defendants appealed on separate records.

At all times herein mentioned plaintiff will be referred to as Fageol; defendant Pacific Indemnity Company will be referred to as Pacific; and the defendant Detroit Fire and Marine Insurance Company will be referred to as Detroit or appellant.

The vendee had paid only…