Schmidt
Schmidt v. State Farm Mutual Automobile Insurance
Opinion
Lead Opinion
Shinn, J.
In this action plaintiff Schmidt, as administrator of the estate of Lawrence E. Stephens, deceased, sought judgment declaring that the estate is indemnified by defendant’s policy of insurance against liability for damages arising *297 out of Stephens’ operation of an automobile. Plaintiff obtained judgment and defendant appeals.
On June 18, 1956, the automobile was registered to Roberta F. Miller or G. A. Miller as registered owners. They had purchased the car under a conditional sale contract from A1 Harmon, Inc. The contract was assigned by Harmon to Pacific Finance Corporation which was registered as legal owner.
October 5, 1956, G. A. Miller entered into an agreement by which he assigned all interest in the car to Stephens. The court found that one of the conditions of the agreement was that it was subject to the consent of Pacific Finance. On the same day Miller and Stephens went to Pacific Finance. Miller signed his name on the reverse side of the registration card (white slip) but did not write down his address, which appeared upon the obverse side; Miller also signed the owner’s certificate (pink slip); he delivered the white slip and the caito Stephens but did not…