There is a clear distinction between an automobile and a motor vehicle. An automobile has been defined as:
"The word `automobile' connotes a pleasure vehicle designed for the transportation of persons on highways." American Mutual Liability Ins. Co., vs. Chaput, 60 A.2d 118, 120; 95 NH 200.
While the distinction is made clear between the two as the courts have stated:
"A motor vehicle or automobile for hire is a motor vehicle, other than an automobile stage, used for the transportation of persons for which remuneration is received."
International Motor Transit Co. vs. Seattle, 251 P. 120
"A motor vehicle or automobile for hire is a motor vehicle, other than an automobile stage, used for the transportation of persons for which remuneration is received." -International Motor Transit Co. vs. Seattle, 251 P. 120
The term ‘motor vehicle’ is different and broader than the word ‘automobile.’"
-City of Dayton vs. DeBrosse, 23 NE.2d 647, 650; 62 Ohio App. 232
Federal Law:
Title 18 USC 31 (6)(10)
" 1 'Motor vehicle' ' means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in transportation of passengers, passengers and property, or property and cargo; ... Used for commercial purposes'' means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit [ . ] " 18 U.S. C. 31 .
"[I]t is a jury question whether ... an automobile ... is a motor vehicle [.] "United States v Johnson, 718 F.2d 1317, 1324 (5th Cir. 1983).
Clearly, an automobile is private property in use for private purposes, while a motor vehicle is a machine which may be used upon the highways for trade, commerce, or hire.
"The term household goods'' ... includes everything about the house that is usually held and enjoyed therewith and that tends to the comfort and accommodation of the household. Lawwill v. Lawwill, 515 P. 2d 900, 903, 21 Ariz. App. 75" 19A Words and Phrases - Permanent Edition (West) pocket part 94. Cites Mitchell's Will below."The definition of goods ' ' includes an automobile." Henson v Government Employees Finance & Industrial Loan Corp . , 15 UCC Rep Serv 1137; 257 Ark 273,516 S . W. 2d 1 (1974) .
"Bequest ... of such " household goods and effects'' ... included not only household furniture, but everything else in the house that is usually held and used by the occupants of a house to lead to the comfort and accommodation of the household. State ex rel. Mueller v. Probate Court of Ramsey County, 32 N.W.2d 863, 867, 226 Minn. 346." 19A Words and Phrases - Permanent Edition (West) 514."Automobile purchased for the purpose of transporting buyer to and from his place of employment was consumer goods'' as defined in UCC 9-109." Mallicoat v. Volunteer Finance & Loan Corp . , 3 UCC Rep Serv 1035; 415 S.W.2d 347 (Tenn.App . , 1966).
"A soldier's personal automobile is part of his household goods [.]' ' U.S. v Bomar , C.A.5(Tex.), 8 F.3d 226, 235" 19A Words and Phrases - Permanent Edition (West) pocket part 94."The provisions of UCC 2-316 of the Maryland UCC do not apply to sales of consumer goods (a term which includes automobiles, whether new or used, that are bought primarily for personal, family, or household use) ." Maryland Independent Automobile Dealers Assoc., Inc. v Administrator, Motor Vehicle Admin . , 25 UCC Rep Serv 699; 394 A. 2d 820, 41 Md App 7 (1978)."An automobile was part of testatrix' household goods'' within codicil. In re Mitchell's Will, 38 N.Y.S.2d 673, 674, 675 [1942]." 19A Words and Phrases - Permanent Edition (West) 512. Cites Arthur v Morgan, supra.
"[T]he expression ^ personal effects'' clearly includes an automobile [.] " In re Burnside's Will , 59 N.Y.S.2d 829, 831 (1945). Cites Hillhouse, Arthur, and Mitchell's Will, supra."[A] yacht and six automobiles were ' "personal belongings'' and ~~ household effects!.] In re Bloomingdale ' s Estate , 142 N.Y.S.2d 781, 782 (1955).
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