Anderson v. Arnold-Strong Motor Co.

• Decision Date: 12 November 1935
• Parties: H. M. ANDERSON, RESPONDENT, v. ARNOLD-STRONG MOTOR CO., APPELLANT
• Court: Kansas Court of Appeals

88 S.W.2d 419

229 Mo.App. 1170

H. M. ANDERSON, RESPONDENT, v. ARNOLD-STRONG MOTOR CO., APPELLANT

Court of Appeals of Missouri, Kansas City

November 12, 1935

Appeal from Circuit Court of Buchanan County.--Hon. L. A. Vories Judge.

AFFIRMED.

Judgment affirmed.

B. M Lockwood for respondent.

Groves & Watkins and Fred M. Wanger for appellant.

OPINION

SHAIN, P. J.

This is an action for wrongful conversion of personal property brought by H. M. Anderson, as plaintiff, against Arnold-Strong Motor Company, defendant.

Trial was before the court, jury being waived, and the case was submitted upon an agreed statement of facts, the same omitting exhibits and letters, is as follows:

"AGREED STATEMENT OF FACTS.

"It is agreed that on the 15th day of May, 1931, H. M. Anderson plaintiff herein, owned and sold to Frank H. Martin, a Model 'A' Ford coupe, motor No. A-2495120, for the sum of three hundred dollars ($ 300), and received in payment therefor a check dated May 15, 1931, for the sum of $ 316.50, and represented that the money was in the bank to pay said check, the same representing the purchase price of the car together with the sum of $ 16.50 in cash paid by the said H. M. Anderson to the said Frank H. Martin.

"That on said 15th day of May, 1931, the said H. M. Anderson was the owner of a certificate of title to said automobile and at said time assigned and delivered said certificate of title in proper form to the said Frank H. Martin.

"That thereafter, and on the 16th day of May, 1931, the said H. M. Anderson attempted to cash said check for $ 316.50 issued by the said Frank H. Martin, at the Empire Trust Company, and the payment thereof was refused.

"That thereafter, the said Frank H. Martin issued a check to the said H. M. Anderson, dated May 20, 1931, for the sum of $ 316.50, whereupon, said H. M. Anderson delivered to the said Frank H. Martin said original check for the sum of $ 316.50; which said check was dishonored and never paid.

"That thereafter, and on the 19th day of May, 1931, said Frank H. Martin delivered said Model 'A' Ford coupe to the Arnold-Strong Motor Company, and informed the said Arnold-Strong Motor Company that he had purchased said automobile from said H. M. Anderson, and had surrendered the certificate of title thereto to the State License Department of the State of Missouri for the purpose of having certificate of title issued and transferred to the said Frank H. Martin, and that when said certificate of title was received here by said Frank H. Martin from the office of the Secretary of State at Jefferson City, Missouri, he would endorse, assign, and deliver to said Arnold-Strong Motor Company the certificate of title to said automobile, and then and there agreed with said Arnold-Strong Motor Company that said Arnold-Strong Motor Company might hold said Model 'A' Ford coupe as security for and to guarantee the transfer of said motor vehicle to said Arnold-Strong Motor Company when the certificate of title was issued to the said Frank H. Martin, and that said Arnold-Strong Motor Company agreed with said Frank H. Martin that they would, when said certificate of title was properly endorsed to them, give the said Frank H. Martin credit upon one used Dodge automobile in the sum of three hundred seventy-five dollars ($ 375).

"That the said Frank H. Martin thereupon left said automobile with the Arnold-Strong Motor Company, and executed his note to the said Arnold-Strong Motor Company in the sum of $ 660.96 payable in monthly installments, being the balance of the purchase price of said Dodge motor car, after crediting thereupon the sum of $ 375 as allowance on said Ford automobile, and did pledge said Model 'A' Ford motor coupe to said Arnold-Strong Motor Company to secure the down payment on said Dodge automobile in the sum of three hundred seventy-five ($ 375), which said down payment was to apply and be finally credited upon the endorsement and delivery of the certificate of title when the same was issued by the Secretary of State to the said Frank H. Martin.

"That thereupon, the said Arnold-Strong Motor Company did deliver to the said Frank H. Martin said Dodge automobile and did retain possession of said Model 'A' Ford motor coupe.

"That thereafter, the said Frank H. Martin failed and refused to pay the balance of the purchase price due on said motor car, and in pursuance to the authority given to it by the said Frank H. Martin, and in pursuance to said pledge to said defendant, did sell said motor car for the sum of two hundred and seventy-five dollars ($ 275).

"That thereafter, and on the 21st day of May, 1931, the said H. M. Anderson, plaintiff herein, notified the said Arnold-Strong Motor Company that said Frank H. Martin had not paid the purchase price of said automobile and demanded that the said Arnold-Strong Motor Company return said automobile to the said H. M. Anderson, and that said demand of the said H. M. Anderson was thereupon refused.

"It is further agreed that the sale by said Arnold-Strong Motor Company of said Ford motor car for said sum of $ 275 was made on the 1st day of July, 1931.

"It is further stipulated and agreed that on the 18th day of May 1931, the Secretary of State did issue to Frank H. Martin a certificate of title to said Ford motor car, being certificate of title No. 3236024, and that thereafter, on or about the 5th day of June, 1931, the said Frank H. Martin executed an...