Bigus v. Pacific Coast Casualty Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. W. O. Thomas, Judge. The evidence on behalf of plaintiff clearly established a prima-facie case that the automobile was stolen. Dailey v. Black & Dixon, 92 Mo. App. 228; Morrow v. Palace Car Co., 98 Mo. App. 356; State v. Anderson, 186 Mo. 25; Michaels v.Fidelity & Casualty Co., 128 Mo. App. 18; Hadley v. Orchard, 77 Mo. 148; Webster’s Dictionary.
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Appeal from Jackson Circuit Court. — Eon. W. O. Thomas, Judge. The evidence on behalf of plaintiff clearly established a prima-facie case that the automobile was stolen. Dailey v. Black & Dixon, 92 Mo. App. 228; Morrow v. Palace Car Co., 98 Mo. App. 356; State v. Anderson, 186 Mo. 25; Michaels v.Fidelity & Casualty Co., 128 Mo. App. 18; Hadley v. Orchard, 77 Mo. 148; Webster’s Dictionary. There can be no felonious intent where property is taken under a fair color of claim or title, and therefore the crime of larceny could not be predicated thereon. State v. Homes, 17 Mo. 379; State v. Tutt,…
1Opinion of the CourtEllison, J.
This action was instituted by plaintiff to recover the amount of a policy of insurance insuring an automobile against “direct loss by burglary, *171theft or larceny.” The trial court gave a peremptory instruction at the close of the case directing a verdict for the defendant.
The case shows that the wife of one Andrews was the owner of the automobile and that she gave him a power of attorney to sell it. That afterwards he did sell it to plaintiff. It was then in a barn at 1215 Wyandotte street, Kansas City, Mo., and plaintiff went to the barn and took possession of the machine and fastened the…
2Cited by11 opinions
- Valley Mercantile Co. v. St. Paul Fire & Marine Ins.Montana Supreme Court · 1914
- Eiswirth Construction & Equipment Co. v. Glenn Falls InsuranceMissouri Court of Appeals · 1951
- Stuht v. Maryland Motor Car InsuranceWashington Supreme Court · 1916
- Reece v. Motors Ins. Corp.District Court, W.D. Oklahoma · 1953
- Hayes v. Financial Indemnity Co.California Court of Appeal · 1953
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