ROLFSMEIER v. IMPLEMENT DEALERS MUTUAL INS. CO.

No. 36574.

153 N.W.2d 367 (1967)

182 Neb. 150

Adolph ROLFSMEIER and Donald Rolfsmeier, d/b/a Rolfsmeier Motors, Appellants, v. IMPLEMENT DEALERS MUTUAL INSURANCE COMPANY, a Foreign Corporation, Appellee.

Supreme Court of Nebraska.

October 13, 1967.


Attorney(s) appearing for the Case

Ivan A. Blevens, Seward, for appellants.

Kier, Cobb & Luedtke, Lincoln, for appellee.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN and NEWTON, JJ.


SMITH, Justice.

The question is whether an automobile theft policy covers a taking of possession from automobile dealers, plaintiffs, by fraud. A thief allegedly delivered a purchase order and a worthless check for the price of the automobile, plaintiffs retaining the certificate of title. The district court dismissed the petition for failure to state a cause of action, and plaintiffs have appealed.

The policy is...

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