Andrew
Andrew v. Bankers & Shippers Insurance of New York
Opinion
Lead Opinion
Nourse, J.
Plaintiff sued for damages for deceit and had judgment for $14,594. Defendants appeal on typewritten transcripts.
The cause was partly tried at an earlier date when, upon the close of plaintiff’s case, the trial court granted defendants’ motions for nonsuit. On appeal this order was reversed. (Andrew v. Bankers & Shippers Ins. Co., 101 Cal. App. 566 [ 281 Pac. 1091 ].) In the opinion then rendered a full statement of the facts of plaintiff’s case appears to which reference may be had. For the purposes of this opinion we may state briefly that plaintiff and the Oakland branch of the Bank of Italy were engaged in lending money on and discounting automobile paper; that defendant Ears-man was the local agent of his co-defendant insurance company; that one Shouse was engaged in buying and selling second-hand automobiles upon which he issued conditional sales contracts. That plaintiff and the local manager of the Bank of Italy agreed with Earsman that he should make a personal inspection of the cars held by Shouse, should issue a policy of insurance upon each car and should attach a rider to each policy certifying that he had made - such inspection and had found the make and number as…