Mohr
Mohr v. First National Bank
Opinion
Lead Opinion
Finch, J.
Prior to the commencement of this action G. Frank Prough had been adjudged a bankrupt and the above-named C. E. Mohr had been appointed trustee of the bankrupt’s estate. Plaintiff seeks to recover six new automobiles and two new trucks, alleged to be a part of the assets of the estate, and which were in Prough’s possession when the trustee took over the assets of the estate and were thereafter taken by the defendant under a claim of ownership. The defendant had judgment and the plaintiff has appealed.
Prough was the proprietor of a garage at Hanford and was engaged extensively in buying and selling Oldsmobile and Chevrolet automobiles and trucks. The Oldsmobile cars in controversy were purchased from J. W. Leavitt and Company and the Chevrolet cars from the Chevrolet Motor Company. The court found that neither company conveyed title to Prough but that the cars were all “billed to G. Frank Prough and that each of said companies held a trust receipt for each and all of said above described property. . . . That subsequent to billing said cars to G. Frank Prough by J. W. Leavitt and Company and Chevrolet Motor Company, that the First National Bank of Hanford, a national banking…