Morris Plan Co. v. Pacific Finance Corp.

Plaintiff-respondent brought an action against defendant-appellant for the conversion of a 1960 Buick automobile. The defendant filed a cross-complaint to quiet title in itself to the automobile. Plaintiff had judgment in the sum of $4,109.98 on its complaint and judgment on the cross-complaint. The defendant appeals from the judgment and from an order denying its motion for a new trial. The order is nonappealable and the attempted appeal therefrom must be dismissed. (Singleton v. Perry, 45 Cal.2d 489, 500 [ 289 P.2d 794 ]; Ray v. Jackson, 219 Cal.App.2d 445, 457 [ 33 Cal.Rptr. 339 ].)

The controversy here involved arose by reason of the fact that both plaintiff and defendant innocently financed an automobile dealer with the same automobile as security.

During 1960 John S. Heaton, as a sole proprietor, operated a new ear dealership in Coalinga, California. The plaintiff, The Morris Plan Company of California, had previously provided financing to Heaton by discounting conditional sales contracts. The defendant, Pacific Finance Corporation, hereinafter referred to a,s Pacific, had floored automobiles for Heaton by trust receipt financing since 1959, and a statement of trust…