Powell

The action upon which this appeal is based was for alleged damages which resulted to plaintiff from an alleged conversion by defendants of an automobile of which plaintiff claimed to be the owner. The facts necessary to a determination of the controversy are as follows: The defendant H. A. Sellers Company was the owner of an automobile which, on a conditional-sale contract, it sold to one N. E. Whittemore. By the terms of the contract between the parties, until the entire purchase price of the automobile should be paid, the legal title to the automobile was to remain in the Sellers Company. However, at the time the automobile was delivered to Whittemore the Sellers Company indorsed and delivered to Whittemore the certificate of registration of the automobile in which no mention was made of any claim on the part of the Sellers Company to the legal title to the automobile. On the same day Whittemore made application to have the automobile re-registered in his own name as the legal and equitable owner thereof. Instead of the certificate being issued to the applicant N. B. Whittemore, through some inadvertence it was issued to W. B. Whittemore. Two days later the Sellers Company…