Symes Cadillac, Inc. v. Insurance Co. of North America

Opinion

FLEMING, J.

Insurance Company of North America (INA) appeals a judgment on an undertaking for redelivery in favor of Symes Cadillac, Inc. (Symes).

In December 1973 Symes sold a 1974 Cadillac Eldorado for $8,632.07 to Cavco West, Inc. (Cavco), an automobile leasing company and sometimes insurance agency. Cavco paid by check, then resold the automobile for $8,000 cash to Rodney Wolfe, an acquaintance of Cavco corporate officers. Wolfe took possession of the automobile. When Cavco’s check bounced, Symes sued Cavco, Wolfe, and others for damages and repossession of the automobile.

To obtain…