PHILLIPS MOTOR CO. v. UNITED STATES GUARANTEE CO.

No. 5-808.

285 S.W.2d 333 (1955)

PHILLIPS MOTOR COMPANY, Appellant, v. UNITED STATES GUARANTEE COMPANY, Appellee.

Supreme Court of Arkansas.

Rehearing Denied January 23, 1956.


Attorney(s) appearing for the Case

Dinning & Dinning, Helena, for appellant.

O. C. Brewer, George K. Cracraft, Jr., Helena, for appellee.


WARD, Justice.

On this appeal we seek to distinguish between the meaning of the word "possession" as distinguished from the word "custody" as applied to an exclusion clause in a policy insuring against theft. The facts are undisputed.

Appellant, Phillips Motor Company, is a corporation engaged in the business of automobile dealer in the City of Helena. On November 4, 1952, late in the afternoon, a man named Edd Martin came to appellant's place of business...

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