Williams v. General Motors Acceptance Corp.
| Decision Date | 23 February 1940 |
| Docket Number | 28011. |
| Citation | 7 S.E.2d 402,61 Ga.App. 750 |
| Parties | WILLIAMS et al. v. GENERAL MOTORS ACCEPTANCE CORPORATION. |
| Court | Georgia Court of Appeals |
A. R. Ross and Berner S. Williams, both of Eastman, for plaintiffs in error.
Martin, Martin & Snow, of Macon, and Will Ed Smith, of Eastman, for defendant in error.
The court was correct in dismissing the defendants' answer on general demurrer. Without discussing other reasons why the judgment may have been correct, it is sufficient to say that the policy procured did provide the protection to the insureds therein from the theft described in the statement of facts. The quoted provision of the policy excepts theft or conversion by one having some interest in the property. The words, "or other contract, written or verbal," include only things similar in character to those specifically named, and a naked bailee has no such interest as a party to a mortgage, conditional sale contract or lease. Allen v. Berkshire Mutual Fire Insurance Co., 105 Vt. 471, 168 A. 698, 89 A.L.R. 460. The buyers were in possession of the policy and could have sued the insurance company for themselves and for the use of the assignee of the sale contract. Johnson v. General Exchange Insurance Corp., 49 Ga.App. 780, 176 S.E. 840. It follows that they have no right of action against the assignee and the court did not err in sustaining the general demurrer to the answer.
Judgment affirmed.
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