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AETNA LIFE & CAS. CO. v. FINLEY'S SPORTING GOODS, INC.

No. 4843.

306 So.2d 383 (1975)

AETNA LIFE & CASUALTY COMPANY, Plaintiff and Appellant, v. FINLEY'S SPORTING GOODS, INC. and Sun Insurance Company of New York, Defendants and Appellees.

Court of Appeal of Louisiana, Third Circuit.

January 15, 1975.

Attorney(s) appearing for the Case

Raggio, Farrar, Cappel & Chozen by Richard B. Cappel, and Fred L. Cappel, Lake Charles, for plaintiff-appellant.

Plauché, Smith & Hebert by A. Lane Plauché, Jr., Lake Charles, for defendants-appellees.

Before HOOD, CULPEPPER and MILLER, JJ.

CULPEPPER, Judge.

Plaintiff is the theft insurer of a $9,000 boat and trailer owned by Charles E. Kirsch, Jr. The boat was stolen from the premises of the defendant, Finley's Sporting Goods, Inc. Plaintiff paid Kirsch and took a subrogation against Finley's and its liability insurer. For a cause of action, plaintiff contends Finley's breached its obligation as depositary. The trial judge held plaintiff failed to prove an agreement of deposit. Plaintiff appealed.<...

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