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SAINT PAUL FIRE AND MARINE INSURANCE CO. v. SPANN

No. 38497.

355 P.2d 567 (1960)

SAINT PAUL FIRE AND MARINE INSURANCE COMPANY, a corporation, Plaintiff in Error, v. Orval SPANN and Wanda C. Spann, a co-partnership, d/b/a Spann Motor Company, and Donald Kelly, Defendants in Error.

Supreme Court of Oklahoma.

Rehearing Denied September 27, 1960.

Attorney(s) appearing for the Case

Busby, Stanfield, Deaton & West, Ada, for plaintiff in error.

Kerr, Lambert, Conn & Roberts, by R. Burl Harris, Ada, Goode & Henson, by John L. Goode, Shawnee, for defendants in error.

IRWIN, Justice.

On May 22, 1952, Z.O. Edgin owned a truck which was insured by Saint Paul Fire and Marine Insurance Company, a corporation, plaintiff herein. While the truck was in the joint care, custody, control and possession of defendants, Orval Spann and Wanda C. Spann, a copartnership, d/b/a Spann Motor Company, and Donald Kelly, it was destroyed by fire. The plaintiff paid Edgin for the loss sustained under the insurance...

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