KELLY v. EMPIRE FIRE AND MARINE INS. CO.


237 Or. 443 (1964)

391 P.2d 770

KELLY v. EMPIRE FIRE AND MARINE INSURANCE COMPANY

Supreme Court of Oregon.

Affirmed April 29, 1964.


Attorney(s) appearing for the Case

John B. Souther, Portland, argued the cause for appellant. On the briefs were Mautz, Souther, Spaulding, Kinsey & Williamson, Portland.

Allen T. Murphy, Jr., Portland, argued the cause for respondent. With him on the brief were Veatch & Lovett, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, SLOAN, DENECKE and LUSK, Justices.


AFFIRMED.

SLOAN, J.

Plaintiff was the named insured in a policy issued by defendant. The policy, by endorsement, covered a semi-trailer. The policy contained the usual declaration that plaintiff, except for certain qualifications not here pertinent, was the "sole owner" of the property insured. The trailer was damaged in a fire. It developed that plaintiff was not the owner of the trailer. Plaintiff had merely given his oral guaranty to make good any failure...

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