Goehring v. Stockton Morris Plan Co.

ADAMS, P. J.

This is an appeal by plaintiff from a judgment entered upon a directed verdict in favor of Stockton Morris Plan Company, defendant and respondent.

The facts are that early in 1946 one Joseph Blay was the owner of a 1941 Buiek Century Sedanette automobile on which he had procured a loan from respondent. In connection with that transaction respondent took over Blay’s certificate of ownership and procured from S. N. Potter, agent for certain insurance companies, a policy insuring Blay, as owner, and respondent, as their interests might appear, against loss from damage to the automobile. The term of the

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policy was from April 22, 1946, to April 22, 1947. Respondent paid for that insurance a premium of $82.95, which amount was charged to Blay’s account.

On November 19, 1946, Blay sold the automobile to appellant, a part of the consideration being that appellant would pay respondent the balance owing to it on Blay’s loan. On the same day, Blay and appellant went together to respondent’s office in Stockton and there, at the collection counter, met Mrs. Elvyn Hill, the “cashier-teller” for respondent. Blay told Mrs. Hill he had sold his automobile to appellant who would pay the balance due on his loan, and asked her for the amount thereof. She procured the record and figured the balance due to be $331.20 on the principal of the loan, $82.95 paid for insurance premium, $5.81 interest on the money advanced for the insurance premium, and $3.70 Motor Vehicle Department fees, a total of $423.66, less a rebate, not explained, of $2.28, leaving a balance due of $421.38. Appellant handed Mrs. Hill his blank check and she filled it out for $421.38 payable to respondent, and appellant signed it and gave it to her. Thereupon Blay signed his certificate of ownership over to appellant and gave respondent written instructions to surrender and deliver to appellant the certificate of ownership and the insurance policy. Mrs. Hill advised them respondent would hold the documents until appellant’s check cleared through the bank and then would mail the documents to appellant. About six days later appellant received the documents from, respondent through the mail. He did not read the policy when he received it but “put it away.” He testified at the trial that he thought it was in his name. However, the evidence shows, and it is not disputed, that the policy was not changed and that Blay remained as the insured named therein.