Legal Opinion

U Drive It Auto Co. v. Atlantic Fire Insurance

Supreme Court of North Carolina

Decided January 29, 1954No. 759PublishedCited by 12 opinions

1Opinion of the CourtJohNsok, J.

The single question presented by the facts agreed is whether a theft of the automobile was committed within the meaning of tbe insurance policy sued on. The court below answered in the negative, and we approve.

The policy covers “Loss or damage to the automobile caused by theft, larceny, robbery or pilferage.” “Theft” is the popular name for “larceny.” Ordinarily the terms are synonymous. Ballentine’s Law Dictionary, p. 1279; 62 C.J. 889; Funeral Home v. Insurance Co., 216 N.C. 562, 5 S.E. 2d 820. And ordinarily the words “theft,” “robbery,” and “pilferage” all denote some form of larceny.…

2Cases cited13 opinions

  1. Hutcherson v. Sovereign CampTexas Supreme Court · 1923
  2. Ledvinka v. Home InsuranceCourt of Appeals of Maryland · 1921
  3. State Ex Rel. Dunn v. SwansonSupreme Court of North Carolina · 1940
  4. Rand v. HansonMassachusetts Supreme Judicial Court · 1891
  5. Bott v. McCoySupreme Court of Alabama · 1852

8 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. State v. BookerSupreme Court of North Carolina · 1959
  2. State v. McCrarySupreme Court of North Carolina · 1965
  3. State v. PhiferSupreme Court of North Carolina · 1979
  4. Edwards v. City of RaleighSupreme Court of North Carolina · 1954
  5. In Re EdmundsonSupreme Court of North Carolina · 1968

7 more not listed; retrieve them via the Exa API.

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