Pacific Finance Corp. v. United States

This is an appeal from an order of forfeiture and sale of two Graham trucks, entered in pursuance of proceedings under a libel filed by the district attorney under the provisions of section 3453 of the Revised Statutes of the United States (26 USCA § 1185). The appellant sold the trucks in question to Melville Weiss under a conditional sales contract, and there is! still $2,036.94 owing on the purchase price on each truck. Appellant claimed in the lower court that the prohibition agents seized the trucks for a violation of section 26, tit. 2, of the National Prohibition Act (27 USCA § 40), and not for a violation of section 345O' or section 3453, Rev. St. (26 USCA §§ 1181, 1182, 1185), and therefore, being without knowledge of the unlawful use of said trucks, it is entitled to the return thereof in accordance with the provisions of section 26 of the National Prohibition Act. The parties in the lower court stipulated the facts to be as follows:

It is also stipulated that the appellant was the owner of the conditional sales contract and had no knowledge of the illegal use of the tracks, and that the balance due tbereon was as alleged.

The appeal presents only two questions—…