Gunn v. Globe & Rutgers Fire Ins. Co

• Citation: 24 Ga.App. 615,101 S.E. 691
• Decision Date: 16 December 1919
• Docket Number: (No. 10703.)
• Parties: GUNN. v. GLOBE & RUTGERS FIRE INS. CO.
• Court: United States Court of Appeals (Georgia)

24 Ga.App. 615

101 S.E. 691

GUNN.

v.GLOBE & RUTGERS FIRE INS. CO.

(No. 10703.)

Court of Appeals of Georgia,

Division No. 2.

Dec. 16, 1919.

(Syllabus by the Court.)

the plaintiff stated to Miller, who in the meantime had removed from the plaintiff's residence, that it was "up to him to fix it"; that the car was turned over to Miller for such purpose under the statement above quoted, and without any understanding that Miller was to receive any compensation for his services in repairing it. The evidence indicates that, after the car had been intrusted to Miller, he fraudulently converted it to his own use. Upon these facts being made to appear, the trial court granted a nonsuit. Held, under the terms of such a policy written to indemnify an owner against loss by "theft, robbery, or pilferage, " the usual and ordinary meaning of these words, involving the wrongful and fraudulent taking and carrying away of the article stolen, should have application, and the reasonable intention of the contract should not be extended to cover the fraudulent conversion by a bailee of the property so intrusted. The true and manifest intent and spirit of the contract should not be so technically construed as to require that it partake of the nature of a blanket fidelity bond guaranteeing the integrity of all such persons as may be intrusted by the owner with the possession and control of the article covered by the policy of insurance. See Hartford Fire Ins. Co. v. Wimbish, 12 Ga. App. 712, 78 S. E. 265; Delafield v. London & Lancashire Fire Ins. Co., 177 App. Div. 477, 164 N. Y. Supp. 221; Valley Mercantile Co. v. St. Paul Fire & Marine Ins. Co., 49 Mont. 430, 143 Pac. 559, L. R. A. 1915B, 327, Ann. Cas. 1916A, 1126; People v. Cruger, 102 N. Y. 510, 7 N. E. 555, 55 Am. Rep. 830; Stuht v. Maryland Motor Car Ins. Co., 90 Wash. 576, 156 Pac. 557.

Error from Superior Court, Fulton County; Geo. L. Bell, Judge.

Action by L. E. Gunn against the Globe & Rutgers Fire Insurance Company. Judgment for defendant, and plaintiff brings error. Affirmed.

E. M. & G. F. Mitchell, of Atlanta, for plaintiff in error.

Smith, Hammond & Smith, of Atlanta, for defendant in error.

JENKINS, P. J. Judgment affirmed.

STEPHENS and SMITH, JJ., concur.