Goodman

Goodman v. Anglo-California Trust Co.

Good Law
1923 Cal. App. LEXIS 393·62 Cal. App. 702·217 P. 1078
Court of Appeal of CaliforniaJune 28, 1923Civ. No. 4349.California2,125 words

Opinion

Lead Opinion

Langdon, J.

This action was brought to recover a Hudson automobile or its value from the defendants. From a judgment against them the plaintiffs appeal.

Plaintiffs alleged ownership and right of possession in themselves and that the defendants were wrongfully detaining the automobile; that the actual value of the same was $1,000. The answer denied the allegations of the complaint. The findings are really conclusions of law. They recite that the plaintiffs were not at any time the owners, nor entitled to the possession of the automobile and that the defendant bank, at all times mentioned in the complaint, was the owner of the property and entitled to the possession of the same, and that the automobile was not wrongfully detained by the defendants. It becomes necessary for us to go back to the evidence and to state the undisputed facts. Some time about October, 1920, James S. Brian was in possession of the automobile in dispute by virtue of a certain conditional sales contract which had been assigned by the original vendor to the defendant bank. Messrs. Green and Gohl were in the business of repairing automobiles in the city and county of San Francisco. Brian brought the automobile to their…

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