PHOENIX ASSUR. CO. OF N.Y. v. OCEAN ACC. & G. CORP., LTD.

No. 18820.

357 P.2d 642 (1960)

PHOENIX ASSURANCE COMPANY OF NEW YORK, formerly Phoenix Indemnity Company; James R. Haver; Johnson-Arnold Motor Co., a Colorado Corporation using the trade name of Binx Johnson, Inc., Plaintiffs in Error, v. OCEAN ACCIDENT AND GUARANTEE CORPORATION, LIMITED, William P. Smedley; Ernest G. Netherton, Defendants in Error.

Supreme Court of Colorado, In Department.

December 19, 1960.


Attorney(s) appearing for the Case

Sheldon & Nordmark, Paul C. Brown, Denver, for plaintiffs in error.

Duane O. Littell, Denver, for defendant in error, Ocean Accident & Guarantee Corporation, Limited.

Robert W. Smedley, Denver, for defendants in error, William P. Smedley and Ernest G. Netherton.


HALL, Justice.

The parties appear here in reverse order to their appearance in the trial court. We refer to the plaintiffs in error as Phoenix, Haver and Garage; to the defendants in error as Ocean, Smedley and Netherton.

On October 15, 1955, Smedley was the owner of a Chrysler automobile which he had shortly before purchased from the Garage. On the morning of that date he drove his car to the Garage (Twentieth and Downing Streets, Denver) to have repairs...

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