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U DRIVE IT AUTO CO. v. ATLANTIC FIRE INS. CO.

No. 759.

80 S.E.2d 35 (1954)

239 N.C. 416

U DRIVE IT AUTO CO. v. ATLANTIC FIRE INS. CO.

Supreme Court of North Carolina.

January 29, 1954.

Attorney(s) appearing for the Case

E. C. Brooks, Jr., Gantt, Gantt & Markham, and E. K. Powe, Durham, for plaintiff, appellant.

Henry Bane, Durham, for defendant, appellee.

JOHNSON, Justice.

The single question presented by the facts agreed is whether a theft of the automobile was committed within the meaning of the insurance policy sued on. The court below answered in the negative, and we approve.

The policy covers "Loss or damage to the automobile caused by theft, larceny, robbery or pilferage." "Theft" is the popular name for "larceny." Ordinarily the terms are synonymous. Ballentine's Law Dictionary, p. 1279; 62 C.J. 889...

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