People v. One (1) Ford Touring Automobile

This action was prosecuted to secure a judgment of forfeiture and sale of One Ford Touring Automobile. Judgment went for the intervener, and the plaintiff has appealed.

At the trial of the action the following stipulation was entered into between the plaintiff and the intervener, which, omitting the title, is in the words and figures following:

The record shows the intervener to be the assignee of the conditional contract referred to in the stipulation. Neither the stipulation nor the findings of the court" refer to the good faith or lack of knowledge on the part of the intervener’s assignor. The court found in accordance with the stipulation, ordering judgment in favor of the intervener.

Upon this appeal it is contended that the good faith of the intervener’s assignor should have been established by the intervener, and also that the intervener should have introduced testimony showing its good faith, and that it had made reasonable investigation as to the uses for which the automobile was intended. It is sufficient to say that as to the good faith of the intervener, the stipulation is conclusive. Upon the other questions involved, it appears that the courts of this state have…