United States v. One 1952 Ford Victoria

Libelant filed a libel of information in November 1952, alleging that the subject matter of the instant action had been used by one Chris Niacaris on October 17, 1952, in San Francisco in violation of 49 U.S.C. A. §§ 781-788 inasmuch as the operator of the car had used the vehicle to facilitate the transportation of contraband narcotic drugs. Accordingly, the car was subject to forfeiture.

Claimant, the S & C Motors, seeks to recover possession of the Ford sedan. Claimant’s interest in the automobile consists of its equity in the sum of approximately $1,600 which was still owing by Niacaris at the time the automobile was seized. Claimant had retained title to the car which it had sold on a conditional sales contract.

Prior to filing its claim in the case at bar, claimant sought to recover the Ford through administrative action. It appealed to the Attorney General, with whom discretion lay, for the return of the vehicle. Claimant asserted that it acted in good faith in selling the car to Niacaris who had no criminal record of any kind at the time the transaction was consummated. Claimant asserted that Niacaris had worked steadily in a bakery and more recently for the Merchant…