Picking v. State Finance Corp., 336

Citation263 A.2d 572,257 Md. 554
Decision Date06 April 1970
Docket NumberNo. 336,336
CourtCourt of Appeals of Maryland

Page 554

257 Md. 554
263 A.2d 572
No. 336.
Court of Appeals of Maryland.
April 6, 1970.

Page 555

Ida M. Picking, in pro. per.

Walter I. Seif, Baltimore (Oscar W. Zenitz and Zenitz & Seif, Baltimore, on the brief), for appellee.


DIGGES, Judge.

This is an appeal by the plaintiff Ida M. Picking, from the action of the Circuit Court for Baltimore County, Turnbull, J., granting summary judgment in favor of State Finance Corporation, one of three defendants.

[263 A.2d 573] Mrs. Picking, an attorney, by the first count of her amended declaration claimed compensatory and punitive damages for trespass because of the storing of a Ford automobile on a portion of her property located in Arbutus, Maryland. By her affidavit filed in the proceedings appellant states the Ford was initially sold by Joe Judge, a neighborhood automobile dealer, to Ralph Bennett Taylor and that when Taylor defaulted in the deferred payments Judge repossessed the automobile. He caused it to be placed on Mrs. Picking's property either by his son or by one of his salesmen, Melvin A. Yates. At the time Yates was renting a small apartment from appellant on her Arbutus property. The pleadings further show Taylor borrowed from State Finance $1320 as evidence by a note dated June 5, 1963. When the debt was not paid State Finance obtained a judgment against Taylor in the Superior Court for Baltimore City. This judgment was eventually paid and State Finance mailed Taylor an order of satisfaction. No chattel mortgage or other security document was executed creating a lien on the automobile in favor of State Finance. However, on Taylor's application

Page 556

to the Commissioner of Motor Vehicles for transfer of title he noted State Finance has a chattel mortgage dated June 5, 1963, securing an indebtedness of $1320. This notation does not create a lien on the Ford as the Department of Motor Vehicles is 'not a record office for the recording of liens' and a statement on a title application does not create such a lien. Auto. Accep. Corp. v. Univ. C. I. T. Credit Corp., 216 Md. 344, 139 A.2d 683 (1959).

This Court raises sua sponte (Maryland Rule 835 a 2) the issue of whether appellant had a right of appeal from the order of the trial court granting summary judgment. The record discloses Mrs. Picking claimed damages under the first count for trespass committed by...

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26 cases
  • Tharp v. Disabled American Veterans Dept. of Md., Inc., 1662
    • United States
    • Court of Special Appeals of Maryland
    • September 1, 1997
    ...treated the phenomenon of multiple parties as indistinguishable from Page 555 that of multiple claims. In Picking v. State Finance Corp., 257 Md. 554, 263 A.2d 572 (1970), the Court of Appeals applied what was then Rule 605a to foreclose the immediate appealability of a summary judgment in ......
  • Planning Bd. of Howard County v. Mortimer, 123
    • United States
    • Court of Appeals of Maryland
    • September 22, 1987
    ...309 Md. 458, 462, 524 A.2d 1235, 1237 (1987); Tedrow v. Ford Motor Co., 260 Md. 142, 271 A.2d 688 (1970); Picking v. State Fin. Co., 257 Md. 554, 263 A.2d 572 (1970). In any case, Rule 2-602 now contains explicit language making it applicable to multiple parties as well as to multiple-claim......
  • Snowden v. Baltimore Gas & Elec. Co., 144
    • United States
    • Court of Appeals of Maryland
    • September 1, 1983
    ...Credit Co., 261 Md. 278, 274 A.2d 345 (1971); Tedrow v. Ford Motor Co., 260 Md. 142, 271 A.2d 688 (1970); Picking v. State Finance Co., 257 Md. 554, 557-558, 263 A.2d 572 (1970). 3 Consequently, if a trial court's order is dispositive with respect to one party, the order can be made final a......
  • Canterbury Riding Condominium v. Chesapeake Investors, Inc., 568
    • United States
    • Court of Special Appeals of Maryland
    • September 1, 1985
    ...denied, 404 U.S. 940, 92 S.Ct. 280, 30 L.Ed.2d 253 (1971); Harkins v. August, 251 Md. 108, 246 A.2d 268 (1968); Picking v. State Finance Corp., 257 Md. 554, 263 A.2d 572 (1970); Knight v. Tolson, 10 Md.App. 311, 270 A.2d 132 (1970); Flores v. King, 13 Md.App. 270, 282 A.2d 521 (1971); Burns......
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