United States Fidelity & Guaranty Co. v. Marshall

Meyer, J.:

In December, 1976, an automobile was stolen from a dealer’s lot. The dealer’s insurance company, United States Fidelity and Guaranty Company (appellant), paid the dealer for his car, received title to it, and then brought an action in replevin for the car against Henry L. Marshall, d/b/a Marshall’s Portable Service and Body Shop (appellee), who had repaired and painted the vehicle.

It develops that on March 2, 1977, a person calling himself “Aqureleza” brought the car to appellee requesting repairs and a paint job. Appellee never saw “Aqureleza” again.

The trial court granted…