McDOWELL MOTOR CO. v. NEW YORK UNDERWRITERS INS. CO.

No. 18.

63 S.E.2d 538 (1951)

233 N.C. 251

McDOWELL MOTOR CO., Inc. v. NEW YORK UNDERWRITERS INS. CO.

Supreme Court of North Carolina.

February 28, 1951.


Attorney(s) appearing for the Case

McMullan & Aydlett, Elizabeth City, for plaintiff.

Wilson & Wilson, Elizabeth City, for defendant.


DENNY, Justice.

The question for determination is whether or not the delivery of the automobile by plaintiff's sales manager to the prospective purchaser, under the above circumstances, was a voluntary parting with the possession thereof within the meaning of the exclusion clause contained in the plaintiff's policy of insurance.

This controversy hinges on the proper interpretation of the exclusion clause with respect to what constitutes a voluntary parting...

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