Richmond Teachers Credit Union v. James F. Waters, Inc.

Appellant, Richmond Teachers Credit Union, filed this action to recover damages for the respondent’s alleged trespass as a bailee to an automobile which appellant claimed as the chattel mortgagee and to obtain a declaration of rights under a prior judgment obtained by the appellant against its mortgagor, one Mae Moore, who had purchased the automobile from the respondent under a conditional sales contract. Mae Moore is not a party to this action.

The matter was first tried in 1955 and judgment entered in favor of the appellant on January 20, 1956. Thereafter, on respondent’s motion, a new trial was granted. The parties *112 entered into a stipulation of facts, retrial was had in December, 1958, and judgment entered in favor of the respondent on December 19, 1958. This appeal is taken from that judgment.

The trial court found the following material facts: on October 17, 1952, Mae Moore bought from the respondent Waters a new DeSoto Firedome four-door sedan under a written conditional sale contract. The total price of $4,119.96 plus a time differential charge was to be paid as follows: the trade-in value of a used Nash automobile; a check for $525.50; $1,440 in 12 monthly…