Pierce v. Ford Motor Credit Co.

• Decision Date: 30 May 1979
• Citation: 373 So.2d 1113
• Parties: 27 UCC Rep.Serv. 604 Aubrey J. PIERCE v. FORD MOTOR CREDIT COMPANY. Civ. 1687.
• Court: Alabama Court of Civil Appeals

Page 1113

373 So.2d 1113

27 UCC Rep.Serv. 604

Aubrey J. PIERCE v. FORD MOTOR CREDIT COMPANY.

Civ. 1687.

Court of Civil Appeals of Alabama.

May 30, 1979.

Rehearing Denied July 11, 1979.

J. Milton Coxwell, Jr., for Coxwell & Coxwell, Monroeville, for appellant.

William L. Howell, Mobile, for appellee.

WRIGHT, Presiding Judge.

Plaintiff appeals from the trial court's denial of his motion for new trial in an action where plaintiff sought to recover against defendant for wrongful trespass and conversion. We affirm.

Plaintiff, Aubrey Pierce, filed a complaint against defendant, Ford Motor Credit Company (FMCC), seeking damages for FMCC's alleged wrongful taking and conversion of a truck and other personal property. The trial court granted defendant's motion for a directed verdict as to the claim concerning conversion of the truck. The jury returned a verdict for defendant on the plaintiff's claim of conversion of the personal property in the truck. An appeal resulted.

The plaintiff purchased the truck from Sales Ford, Inc. in Monroeville, Alabama. He agreed to make monthly payments of $108.74 for thirty-six months beginning June 9, 1976. He also agreed to maintain insurance on the vehicle. Contemporaneously with its execution, the contract was assigned by Sales Ford to the defendant.

Plaintiff made the June, July, and August payments. His check for the September payment was returned to defendant for insufficient funds. Plaintiff was also notified by defendant that his physical damage insurance had expired, and that defendant had purchased insurance for plaintiff and added the $205.66 premium to his account. On October 13, 1976, defendant sent its agent, Nelson Bayles, to obtain payment for the monthly installment and insurance premium. There was a dispute between Bayles and plaintiff as to what transpired between them. Bayles contended that he demanded payment in full from plaintiff and when plaintiff refused, Bayles left to work on another account. Plaintiff, on the other hand, contended that he told Bayles he was unaware of the bad check, and that Bayles had agreed to let him (plaintiff) make payment the next day in Mobile after checking with his bank in Frisco City. Bayles denied this. In any event Bayles left, and shortly thereafter the plaintiff drove to Frisco City where he went into his bank leaving the truck unattended on the street. Bayles testified that while in Excel working on another account, he spotted the plaintiff driving by. Bayles stated that he followed the plaintiff to his destination, went over to the parked truck containing the ignition keys, verified the serial numbers, and drove the truck back to Monroeville where it was locked up and inventoried.

Plaintiff on appeal essentially raises only one issue; that being whether there was a scintilla of evidence that possession of plaintiff's vehicle was obtained by the use of fraud, artifice, stealth or trickery, without his consent. Ford Motor Credit Company v. Byrd, 351 So.2d 557 (Ala.1977). In Byrd our supreme court affirmed a verdict for an automobile buyer on his claim of conversion where the assignee had through trickery and fraud led the buyer to believe that he was being asked to drive the automobile to the dealer so that a good-faith discussion of whether his account was in arrears could be continued; but in fact the car was repossessed when the buyer arrived at the dealer's place of business. The court held those facts clearly supported the jury's right to conclude the buyer was lured to the dealer's place of business so...