EQUITY MUTUAL INS. CO. v. AFFILIATED PARKING, INC.

No. 33447.

448 S.W.2d 909 (1969)

EQUITY MUTUAL INSURANCE COMPANY, a Corporation, Plaintiff-Respondent, v. AFFILIATED PARKING, INC., Defendant-Appellant.

St. Louis Court of Appeals, Missouri.

December 16, 1969.


Attorney(s) appearing for the Case

Riethmann, Soebbing, Lamb & Fitzgibbons, St. Louis, Donald E. Lamb, Centerville, for defendant-appellant.

Armstrong, Teasdale, Kramer & Vaughn, John J. Cole, Frank N. Gundlach, St. Louis, for Plaintiff-respondent.


BRADY, Judge.

Plaintiff brought this action to recover from defendant the amount paid under a policy of insurance it issued to one Marsh covering loss resulting from the theft of Marsh's automobile while it was parked upon defendant's lot. The trial court entered judgment for plaintiff and defendant appeals.

There is no dispute as to the facts, the case having been tried upon an agreed statement. The parties also tacitly agree and tried this case upon the...

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