Crawford v. General Exchange Ins. Corporation, 24670.

• Decision Date: 09 September 1938
• Docket Number: No. 24670.,24670.
• Citation: 119 S.W.2d 458
• Parties: CRAWFORD v. GENERAL EXCHANGE INS. CORPORATION.
• Court: Missouri Court of Appeals

119 S.W.2d 458

CRAWFORD v. GENERAL EXCHANGE INS. CORPORATION.

No. 24670.

St. Louis Court of Appeals. Missouri.

September 9, 1938.

Rehearing Denied September 23, 1938.

Appeal from Cape Girardeau Court of Common Pleas; L. L. Bowman, Judge.

"Not to be published in State Reports".

Action by B. E. Crawford against the General Exchange Insurance Corporation to recover on a fire policy issued by defendant. Judgment for plaintiff for $358.96, and defendant appeals.

Affirmed.

Dixon, Williams & Edmondson, of Memphis, Tenn., and Oliver & Oliver, of Cape Girardeau, for appellant.

Henry C. Walker, of Kennett, for respondent.

BENNICK, Commissioner.

This is an action upon a policy of insurance issued by defendant upon a reconditioned Chevrolet truck which was purchased by plaintiff from the Ben F. Jones Motor Company of Kennett, Missouri. The policy insured against direct loss or damage from certain specified perils, including fire. On January 9, 1936, the truck caught on fire and was damaged, and upon defendant's refusal to pay the loss this action was instituted. Originating in the Circuit Court of Dunklin County, the case was taken on change of venue to the Cape Girardeau Court of Common Pleas, wherein, upon a trial to a jury, a verdict was returned in favor of plaintiff, and against defendant, in the aggregate sum of $358.96. Judgment was rendered accordingly, and defendant's appeal to this court has followed in the usual course.

The issue in the case is that of whether plaintiff, in purporting to purchase the truck, so far complied with the mandatory provisions of Section 7774(c), R.S.Mo. 1929, Mo.St.Ann. § 7774(c), p. 5194, as to have been constituted the sole and unconditional owner of the truck at the time of the issuance of the policy and also at the time of the loss.

It was a conceded fact that on August 5, 1935, when the truck was delivered to plaintiff by the Ben F. Jones Motor Company, the latter also delivered to him the certificate of ownership which had been theretofore issued to the first purchaser, with an assignment thereof properly indorsed upon the same, together with warranty of title and a statement of all liens and encumbrances as required by law. However plaintiff failed and neglected to present such certificate, assigned as aforesaid, to the commissioner of motor vehicles for the issuance of a new certificate until after the loss had occurred, and by reason of this fact defendant contends that plaintiff did not acquire title to the truck until the issuance of such new certificate, and therefore had no insurable interest in the truck at the time of the issuance of the policy and the occurrence of the loss.

Though the policy was issued on August 5, 1935, the very day of the sale and delivery of the truck to plaintiff, there is no contention that the same was issued or dated prior to the time of the Ben F. Jones Motor Company's assignment and transfer of the certificate of ownership over to plaintiff.

The statute provides that "in the event of a sale or transfer of ownership of a motor vehicle or trailer for which a certificate of ownership has been issued the holder of such certificate shall endorse on the same an assignment thereof, with warranty of title in form printed thereon, and prescribed by the commissioner, with a statement of all liens or encumbrances on said motor vehicle or trailer, and deliver the same to the buyer at the time of the delivery to him of said motor vehicle or trailer. The buyer shall then present such...