Collins

Plaintiff collection agency brought this action to recover a deficiency on a conditional sales contract whereby cross-defendant Art Frost had purportedly sold a DeSoto automobile to defendant Collins and Collins’ wife, Juel. In a cross-complaint, the Collinses sought damages against several cross-defendants, including Frost and the Bank of America (to which Frost had assigned the contract) on the grounds that the contract had been made as a result of fraudulent misrepresentations (by Frost) and in violation of the provisions of section 2982 of the Civil Code. Judgment was entered in favor of defendant (Robert E. Collins) on the complaint, and against cross-defendants Frost and Bank of America on the cross-complaint in the sum of $2,756.88 (the amount paid by the Collinses to Frost and the Bank pursuant to the contract). The Bank appeals from that portion of the judgment which is against the Bank on the cross-complaint. (Respondents have not filed a brief or made an appearance herein.)

Appellant (Bank) contends that the money paid by the Collinses pursuant to the conditional sales contract cannot be recovered from the Bank because the Bank was a “bona fide purchaser for value of…