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HIMOFF MACHINE COMPANY v. H & W MOTOR SALES

No. 12229.

256 F.2d 769 (1958)

HIMOFF MACHINE COMPANY, Inc., for the use of United States Fidelity and Guaranty Company, Plaintiff-Appellant, v. H & W MOTOR SALES, Inc., and A. C. Merry, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

July 1, 1958.

Attorney(s) appearing for the Case

Frederick R. Pefferle, Springfield, Ill., for appellant.

William P. Roberts, William M. Giffin, Brunsman & Giffin, Springfield, Ill., for defendants-appellees.

Before DUFFY, Chief Judge, and SCHNACKENBERG and HASTINGS, Circuit Judges.

DUFFY, Chief Judge.

Plaintiff Himoff was the owner of a 1951 Cadillac automobile which was stolen on July 31, 1951. The United States Fidelity and Guaranty Company, an insurance carrier, paid Himoff for the loss due to the theft, and was subrogated to Himoff's rights.

On May 15, 1952, defendant H & W Motor Sales, Inc., a dealer in used automobiles, hereinafter called "H & W," acquired from defendant Merry...

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