Motores De Mexicali, S.A. v. Bank Of America National Trust & Savings Association

227 F.2d 643 MOTORES DE MEXICALI, S.A., a corporation, Appellant, v. BANK OF AMERICA NATIONAL TRUST & SAVINGS ASSOCIATION and E. A. Lynch, Trustee of the Estate of Erbel, Inc., doing business as Bi-Rite Auto Sales, bankrupt, Appellee. No. 14397. United States Court of Appeals Ninth Circuit. June 30, 1955. Ernest R. Utley, Los Angeles, Cal., for appellant. Hugo A. Steinmeyer, Samuel B. Stewart, Robert H. Fabian, Craig, Weller & Laugharn, Los Angeles, Cal., for appellee. Before FEE and CHAMBERS, Circuit Judges, and WIIG, District Judge. JAMES ALGER FEE, Circuit Judge. 1 Between March 5 and April 3, 1953, Motores de Mexicali, S.A., 1 sold five automobiles to Erbel, Inc., a California corporation doing business as Bi-Rite Auto Sales. 2 Physical possession with bills of sale and the Mexican title documents pertaining to each car was delivered in Mexico to a representative of Bi-Rite, who drew nonnegotiable drafts for the purchase price of these cars. These drafts, which were delivered to Motores, were payable through Bank of America National Trust & Savings Association, 3 and by their own terms provided that they were to be forwarded for 'collection only' and that they were…