William Talasek v. The Travelers Fire Insurance Co.

RIVES, Circuit Judge.

This action was upon a policy whereby the appellee insured the appellant against loss of an automobile by “theft, larceny, robbery or pilferage.” The car had been owned by Auto Dealers Auction, Inc. of Kansas City, Missouri, which had agreed to sell it to one Hermansen through whom the appellant ultimately obtained possession. Auto Dealers Auction, Inc. still retains the Missouri certificate of title to the car, Hermansen having failed to pay the draft for its purchase price to which draft the certificate of title had been attached. Without any process, Auto Dealers…