Royal Insurance v. Jack

While the conceded facts disclose that Lewis secured possession and title to the automobile by swindle, they no less disclose that the owner, Jack, voluntarily parted with both posses sion and title upon the faith , of the fraudulent representations made by Lewis. Under the circumstances disclosed, there is no doubt but that Lewis would be guilty of obtaining property under false pretenses under Section 13104 of our criminal code. However, Lewis would not be guilty of larceny of the automobile under Section 12447 or Section 12448, General 'Code.

The defendant in error relies for recovery upon…