Gilmore

This action was instituted by appellant to recover the value of an Auburn automobile alleged to have been embezzled by Carl LaDuxe, who was also known as George Carlton, G. E. Carlton and George E. Carlson. Judgment went for respondent and appellant is here on appeal from the judgment.

Appellant was conducting a business in the city of Fresno under the name of Motor Vehicle Loan Company, and J. Clarence Rice was conducting a business under the name of Rice Securities Company in the city of Hanford, California. Respondent is a California corporation engaged in the business of writing automobile casualty and indemnity insurance. At all times material to this appeal appellant was its general agent in the city of Fresno with authority to execute and deliver its policies.

On April 24, 1928, Carl LaDuxe had resided in Fresno for less than two months and was in possession of an Auburn coupe and its indicia of title. The automobile was originally sold by the Auburn Automobile Company to the Auburn Wichita Company of Wichita, Kansas, on or about June 11, 1928. It was then sold to George Carlton (Carl LaDuxe) for $2,550, which was paid by a used ear, which “Carlton” represented was free…