Personal Finance Co. of Missouri v. Lewis Inv. Co.
| Decision Date | 02 April 1940 |
| Docket Number | No. 25023.,25023. |
| Parties | PERSONAL FINANCE CO. OF MISSOURI v. LEWIS INV. CO. et al. |
| Court | Missouri Court of Appeals |
Appeal from Hannibal Court of Common Pleas; Edmund L. Alford, Judge.
"Not to be reported in State Reports."
Action by the Personal Finance Company of Missouri against the Lewis Investment Company and another in trover to recover damages for the conversion of an automobile. From an adverse judgment, plaintiff appeals.
Affirmed.
Harry Carstarphen, of Hannibal, for appellant.
Roy Hamlin, of Hannibal, for respondents.
SUTTON, Commissioner.
This is an action in trover to recover damages for the conversion of a Buick sedan automobile. The cause was tried to a jury. At the conclusion of plaintiff's case the court gave an instruction in the nature of a demurrer to the evidence. Plaintiff took an involuntary nonsuit with leave. Plaintiff's motion to set the nonsuit aside was denied, and plaintiff appeals.
On October 15, 1937, Michael L. Harris gave plaintiff a mortgage on the sedan to secure the payment of a promissory note given for money lent by plaintiff to Harris in the sum of $210. The mortgage was executed at plaintiff's office in the City of St. Louis. There was conflict in the evidence as to whether or not Harris resided in St. Louis or in Hannibal at that time. The mortgage was duly recorded in the office of the Recorder of Deeds of the City of St. Louis. Harris was not the owner of the sedan at the time the mortgage was executed. The sedan was on a parking lot in said city. Harris purchased the sedan from the S and L Tire Company. The tire company did not own the car at the time. Harris borrowed the money for which the mortgage was given to purchase the sedan. When the mortgage was given, plaintiff gave Harris a check for $200 made payable to Harris and the tire company. Harris delivered the check to the tire company and took the sedan into his possession. He did not at that time receive any certificate of title. About ten days afterwards he received from the tire company a certificate of title. He afterwards obtained from defendant Lewis Investment Company, at its office in Hannibal, a loan of $200 for which he gave to said defendant his note and a mortgage on the sedan to secure the same. Defendant Lutz is manager of defendant company at Hannibal. Harris defaulted in the payment of his note to defendant company, and thereupon defendant company took the sedan into its possession at Hannibal. Harris also defaulted in the payment of his note to plaintiff. The certificate of title received by Harris was put in evidence. It was issued to the S and L Tire Company on October 19, 1937. Endorsed on the certificate appears a purported assignment of the S and L Tire Company to "Mike Harris, Address 1412 North Fairview, Hannibal, Marion County, Missouri." Plaintiff duly made demand upon defendant company for the possession of the sedan. Defendant company refusing to deliver the sedan to plaintiff, this suit was brought.
Our statute relating to motor vehicles, section 7774, Mo.St.Ann. § 7774, p. 5194, provides as follows: ...
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