Moody v. Judah Boas Finance Corp.

This is an action in claim and delivery, involving the possession of an automobile. Judgment was entered for plaintiff and defendants have taken separate appeals, which are presented in one record. Briefs supporting the appeal have been submitted by the defendant Finance Corporation alone, however, and therefore, for convenience, it will be hereinafter referred to as appellant.

The automobile in question belonged to appellant, who consigned it to the defendant Danker, an automobile dealer in Stockton, to sell. On November 14, 1924, Danker sold and delivered - the same to respondent under a conditional sales contract of which appellant subsequently became the assignee. Thereafter and on March 3, 1925, appellant took possession of said automobile, claiming that the monthly installment which fell due the preceding month had not been paid. The next day this action was com meneed, pursuant to which the automobile was seized by the sheriff.

The first disputed question arises over the terms of the agreement under which the sale to respondent was made. With respect thereto the evidence shows that the transaction between Danker and respondent resulted in the execution of two separate…