Yamoto

United States v. Yamoto

Good Law
50 F.2d 599·1931 U.S. App. LEXIS 4530
United States Court of Appeals for the Ninth CircuitJune 8, 1931No. 6355California669 words

Opinion

Lead Opinion

Sawtelle, J.

This is an appeal from a judgment of the United States District .Court for the Territory of Hawaii in favor of the- Graystone , Corporation, Limited, an Hawaiian corporation, ordering the return of one Whippet coupe automobile.

The libel of information filed herein alleges transportation by the defendant Toro Yamoto, by means of a certain automobile, of intoxicating liquor in violation of the National Prohibition Act, a seizure by a national prohibition agent of the liquor and of the automobile, and conviction of said Yamoto of said offense in the United States District Court for the Territory of Hawaii; it also contains a prayer for the forfeiture of the automobile. The Graystone Corporation, Limited, intervener, claims ownership of the automobile under a conditional sales contract and the right to repossess the same under certain conditions therein mentioned. The intervener alleges that the balance due and unpaid on the contract amounts to $564.72, and that in the event the said automobile is sold a sufficient sum to pay said balance due under the contract would not be realized, and further that it had no knowledge that the said automobile would be used by any one at any time…

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