INGLIS v. GEN. CASUALTY CO.


211 Or. 116 (1957)

316 P.2d 546

INGLIS ET UX v. GENERAL CASUALTY COMPANY

Supreme Court of Oregon.

Reversed and remanded September 6, 1957.


Attorney(s) appearing for the Case

John L. Schwabe, Portland, argued the cause for appellant. With him on the briefs were Mautz, Souther, Spaulding, Denecke & Kinsey, Portland.

Alan F. Davis, Portland, argued the cause for respondent. On the brief were Benson & Davis, Portland.

Before PERRY, Chief Justice, and ROSSMAN, BRAND and McALLISTER, Justices.


REVERSED AND REMANDED WITH INSTRUCTIONS.

PERRY, C.J.

The plaintiffs, as partners doing business under the assumed name of "Inglis Vocational Bakers," operated a cooking school on Swan Island in Portland, Oregon. On September 9, 1953, the sum of $424 was taken from the plaintiffs' locked safe by person or persons unknown. At the time of this loss there was in effect a policy of burglary insurance issued by the defendant which provided in part as follows:

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