Roberts v. Speck, 23665.
| Decision Date | 21 September 1932 |
| Docket Number | 23665. |
| Parties | ROBERTS et ux. v. SPECK et al. |
| Court | Washington Supreme Court |
Department 1.
Appeal from Superior Court, Yakima County; Dolph Barnett, Judge.
Action by Arnold Roberts and wife against Clayton Speck and others. Judgment for defendants, and plaintiffs appeal.
Reversed with instructions.
Clarence R. Anderson, of Seattle, and J. M. Dunn, of Sunnyside, for appellants.
O. L Boose and W. B. Bridgman, both of Sunnysice, for respondents.
Plaintiffs husband and wife, brought this action to recover damages resulting from an assault and battery inflicted upon plaintiff Bessie Roberts by defendants, and from the mental suffering and humiliation suffered when she was wrongfully arrested by defendants and confined in jail.
March 30, 1926, plaintiffs entered into a conditional sales contract with defendant Clayton Speck, whereby they undertook to buy an automobile for a total purchase price of $1,000, of which $350 was paid as an initial payment, the balance of $650 to be paid according to the terms of the conditional sales agreement. Plaintiffs failed to make subsequent payments, as provided by the agreement, and on June 3, 1930, defendant Speck claimed the right to repossess the automobile, and undertook to do so. Plaintiff Bessie Roberts, who could not drive the automobile, was occupying the car on one of the streets of Sunnyside, Wash., awaiting the return of her husband. Mr. Speck told Mrs. Roberts he was going to repossess the car, whereupon he, accompanied by a helper, entered the automobile without the consent and in spite of the protest of Mrs. Roberts. The helper drove the automobile to the place of business of defendant Speck, where the car was parked. Mrs. Roberts refused to surrender possession of the automobile, and, in spite of numerous requests from defendant Speck, she refused to leave the car. At the close of the business day, defendant Speck enlisted the aid of defendant Tate, then chief of police of Sunnyside, and defendant Runyan, a member of the Sunnyside police force. According to testimony offered on behalf of plaintiffs, defendants Tate and Runyan, acting under the direction of defendant Speck, forcibly dragged plaintiff Bessie Roberts out of the automobile, knocked her down, injured her, and finally threw her out of the garage belonging to defendant Speck, placed her in another automobile, and drove her to jail where she was locked in a cell. Defendants offered testimony to prove that only such force as was reasonably necessary was used to remove her from the automobile; that she became so enraged at her removal as to be temporarily unsafe to be at large; that she was confined to the jail for the purpose of holding her until they could communicate with her husband, Arnold Roberts; and that she was put in his keeping after having been detained in the city jail for only eighteen minutes.
The case was tried to a jury, and a verdict was returned for defendants. Judgment was entered upon the verdict, and plaintiffs have appealed.
The court gave, among others, the following instructions:
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Ikovich v. Silver Bow Motor Car Co.
...of a consent on the part of the mortgagor, be enforced by due process of law, the same as any other contract." In Roberts v. Speck, 169 Wash. 613, 14 P.2d 33, 34, court said: "The reason for the rule requiring a person to resort to process of law in undertaking to acquire possession of prop......
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Ikovich v. Silver Bow Motor Car Co., 8515.
...of a consent on the part of the mortgagor, be enforced by due process of law, the same as any other contract.” In Roberts v. Speck, 169 Wash. 613, 14 P.2d 33, 34, the court said: “The reason for the rule requiring a person to resort to process of law in undertaking to acquire possession of ......
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Harris v. City of Roseburg
...not necessary for Kessler to either threaten violence or offer physical resistance. As stated by the court in Roberts v. Speck, 169 Wash. 613, at 616, 14 P.2d 33 at 34 (1932), citing from Jones on Chattel Mortgages (4th ed.), § 705: The mortgagee becomes a trespasser by going upon the premi......
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Borg-Warner Acceptance Corp. v. Scott
...cites cases wherein a buyer has recovered damages for personal injury suffered as a result of forceful repossession (Roberts v. Speck, 169 Wash. 613, 14 P.2d 33 (1932); Burgin v. Universal Credit Co., 2 Wash.2d 364, 98 P.2d 291 (1940); cases where a mortgagee in possession has sold the coll......