117 A.2d 116 (D.C. 1955), 1669, Burt v. Cordover

Docket Nº:1669.
Citation:117 A.2d 116
Opinion Judge:HOOD, Associate Judge.
Party Name:Adella C. BURT, Archibald Burt and William W. Mumford, Appellants, v. Henry CORDOVER and Celia Cordover, Appellees.
Attorney:John Alexander, Washington, D. C., for appellants. James T. Barbour, Jr., Washington, D. C., for appellees.
Judge Panel:Before CAYTON, Chief Judge, and HOOD and QUINN, Associate Judges.
Case Date:October 06, 1955
Court:Court of Appeals of Columbia District

Page 116

117 A.2d 116 (D.C. 1955)

Adella C. BURT, Archibald Burt and William W. Mumford, Appellants,

v.

Henry CORDOVER and Celia Cordover, Appellees.

No. 1669.

Municipal Court of Appeals for the District of Columbia.

October 6, 1955

Argued Aug. 8, 1955.

Action against buyer and sellers of automobile for damages caused by buyer's negligent operation of automobile. The Municipal Court for the District of Columbia, Civil Division, found buyer was negligent and awarded judgment against him but denied recovery against sellers and plaintiffs appealed. The Municipal Court of Appeals, Hood, J., held that where there had been a meeting of minds of sellers and buyer, payment of purchase price by buyer and delivery of automobiles by sellers, sellers were not the owners within statute providing that whenever an automobile is operated on highway by person other than owner with consent of owner the operator shall, in case of accident, be deemed to be agent of owner; and sellers were not liable for damage caused by buyer's negligent operation of automobile.

Affirmed.

John Alexander, Washington, D. C., for appellants.

James T. Barbour, Jr., Washington, D. C., for appellees.

Before CAYTON, Chief Judge, and HOOD and QUINN, Associate Judges.

HOOD, Associate Judge.

This appeal presents the question whether appellees were the owners of an automobile within the meaning of the statute which provided: ‘ Whenever any motor vehicle * * * shall be operated upon the public highways of the District of Columbia by any person other than the owner, with the consent of the owner, express or implied, the operator thereof shall, in case of accident, be deemed to be the agent of the owner of such motor vehicle, * * *.'[1]

The undisputed facts were that appellees, mother and son, were joint owners of an automobile which they decided to sell. On August 20, 1952, the son entered into a written agreement to sell the automobile to one Bennett, who made a deposit of $50 and agreed to pay the balance of $225 on the following day, upon delivery of title and notarized bill of sale. On August 21 the mother and son signed the assignment of title on the reverse side of the District of Columbia certificate of title, and the son alone went before a notary public who notarized the assignment, indicating that both mother and son had personally appeared and made oath in due form...

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6 practice notes
  • 357 F.2d 581 (D.C. Cir. 1965), 18648, Williams v. Rawlings Truck Line, Inc.
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the District of Columbia Circuit
    • 30 Diciembre 1965
    ...to prove passage of equitable title and that such proof will relieve the former owner of liability under section 40-424. Burt v. Cordover, 117 A.2d 116 (D.C.Mun.Ct. App.1955); Gasque v. Saidman, 44 A.2d 537 (D.C.Mun.Ct.App.1945); Mason v. Automobile Finance Co., 73 App.D.C. 284, 121 F.2d 32......
  • 226 A.2d 448 (N.J.Super.Ch. 1967), C--259, Velkers v. Glens Falls Ins. Co.
    • United States
    • New Jersey Superior Court of New Jersey
    • 24 Enero 1967
    ...v. Trinity Universal Ins. Co., 240 F.2d 67 (5 Cir. 1957); Hartman v. Norman, 253 Iowa 694, 112 N.W.2d 374 (Sup.Ct.1962); Burt v. Cordover, 117 A.2d 116 (D.C.Mun.Ct.App.1955); Truck Ins. Exchange v. Schuenemann, 391 S.W.2d 130 (Texas Civ.App. (1965)). For as already noted, this court is cont......
  • 595 F.Supp. 1114 (D.D.C. 1984), Civ. A. 84-0987, Lee v. Ford Motor Co.
    • United States
    • Federal Cases United States District Courts District of Columbia
    • 22 Octubre 1984
    ...title holder had "proved that he was not ... the owner" within the meaning of the Act. Id. at 538. See also Burt v. Cordover, 117 A. 2d 116 (D.C.1955). The judicially developed law under the 1929 Act had substituted a practical test of ability to control a vehicle's use for the mo......
  • 277 A.2d 117 (D.C. 1971), 5512, Spindle v. Reid
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • 13 Mayo 1971
    ...Line Inc., 123 U.S.App.D.C. 121, 357 F.2d 581 (1965); Bush v. Johnson, D.C.App., 215 A.2d 850 (1966); Burt v. Cordover, D.C.Mun.App., 117 A.2d 116 [5] Two cases in other jurisdictions, where the facts were somewhat similar to those here, may appear to be contrary to our holding, but we thin......
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6 cases
  • 357 F.2d 581 (D.C. Cir. 1965), 18648, Williams v. Rawlings Truck Line, Inc.
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the District of Columbia Circuit
    • 30 Diciembre 1965
    ...to prove passage of equitable title and that such proof will relieve the former owner of liability under section 40-424. Burt v. Cordover, 117 A.2d 116 (D.C.Mun.Ct. App.1955); Gasque v. Saidman, 44 A.2d 537 (D.C.Mun.Ct.App.1945); Mason v. Automobile Finance Co., 73 App.D.C. 284, 121 F.2d 32......
  • 226 A.2d 448 (N.J.Super.Ch. 1967), C--259, Velkers v. Glens Falls Ins. Co.
    • United States
    • New Jersey Superior Court of New Jersey
    • 24 Enero 1967
    ...v. Trinity Universal Ins. Co., 240 F.2d 67 (5 Cir. 1957); Hartman v. Norman, 253 Iowa 694, 112 N.W.2d 374 (Sup.Ct.1962); Burt v. Cordover, 117 A.2d 116 (D.C.Mun.Ct.App.1955); Truck Ins. Exchange v. Schuenemann, 391 S.W.2d 130 (Texas Civ.App. (1965)). For as already noted, this court is cont......
  • 595 F.Supp. 1114 (D.D.C. 1984), Civ. A. 84-0987, Lee v. Ford Motor Co.
    • United States
    • Federal Cases United States District Courts District of Columbia
    • 22 Octubre 1984
    ...title holder had "proved that he was not ... the owner" within the meaning of the Act. Id. at 538. See also Burt v. Cordover, 117 A. 2d 116 (D.C.1955). The judicially developed law under the 1929 Act had substituted a practical test of ability to control a vehicle's use for the mo......
  • 277 A.2d 117 (D.C. 1971), 5512, Spindle v. Reid
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • 13 Mayo 1971
    ...Line Inc., 123 U.S.App.D.C. 121, 357 F.2d 581 (1965); Bush v. Johnson, D.C.App., 215 A.2d 850 (1966); Burt v. Cordover, D.C.Mun.App., 117 A.2d 116 [5] Two cases in other jurisdictions, where the facts were somewhat similar to those here, may appear to be contrary to our holding, but we thin......
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