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MARIETTA &c. SALES, INC. v. FED. MUT. &c. INS. CO.

45311.

122 Ga. App. 133 (1970)

176 S.E.2d 460

MARIETTA INTERNATIONAL SALES, INC. v. FEDERATED MUTUAL IMPLEMENT & HARDWARE INSURANCE COMPANY.

Court of Appeals of Georgia.

Decided July 2, 1970.

Attorney(s) appearing for the Case

Walter W. Calhoun, for appellant.

Lokey & Bowden, Charles M. Lokey, for appellee.

BELL, Chief Judge.

There is no dispute as to the existence of the policy or as to its terms with respect to a theft loss of a consigned motor vehicle. The trial court in its order granting defendant's motion stated that applying the rationale of our decision in Division 3 of Chandler v. Gately, 119 Ga.App. 513 (3) (167 S.E.2d 697), plaintiff was bound by the out-of-court statement of...

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