Robertson v. Snider
| Decision Date | 15 July 1933 |
| Docket Number | No. 5140.,5140. |
| Parties | ROBERTSON v. SNIDER. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Jasper County; Grant Emerson, Judge.
"Not to be published in State Reports."
Action by W. M. Robertson, doing business as the Automobile Securities Company, against A. Snider. From a judgment in favor of plaintiff, defendant appeals.
Reversed and remanded.
Norman & Norman, of Joplin, for appellant.
George V. Farris, of Joplin, for respondent.
This is an action in replevin. The affidavit and petition are in regular form. Plaintiff claims title to and the right to the possession of Chevrolet truck, motor No. 2897557, alleged to be wrongfully detained by defendant. The evidence shows that the truck in question was first sold (new) by the R. & S. Motor Sales Company, a dealer in Chevrolet cars and trucks, to one Alber Goodwin, of Galena, Kan. The truck was thereafter retaken by said company and sold again, taken back and retransferred several times, until it was finally traded to one R. F. Anderson by said company. The said Anderson obtained, or attempted to obtain, a certificate of title to said truck from the secretary of state for the state of Missouri, but for some reason, not revealed by the evidence, this particular certificate of title obtained by Anderson described the motor number of the truck as No. 287557 instead of No. 2897557, the true number on the motor. Thereafter the R. & S. Motor Sales Company again became owner of the truck and obtained a transfer of the certificate of title from Anderson. Thereafter, on the 9th day of January, 1931, said R. & S. Motor Sales Company sold this truck to the defendant, A. Snider. The same was delivered to him and the Anderson certificate of title above described was transferred by said company, as dealer, to defendant, A. Snider. At that time, as part of the purchase price, the said A. Snider made, executed, and delivered to the said R. & S. Motor Sales Company his promissory note payable to the order of said company for the sum of $100, payable in $10 monthly installments, commencing on the 9th day of February, 1931. This note was secured by a chattel mortgage on said truck, which properly described the truck as having motor number 2897557. The certificate of title, as heretofore indicated, described the truck as having motor number 287557. Defendant Snider failed to make his payments according to the terms of said note. The note was purchased before maturity and for value by plaintiff W. M. Robertson, doing business as the Automobile Securities Company. In addition to conducting said securities company, plaintiff was also president of the R. & S. Motor Sales Company. Upon default in the payment of the installments due on said note, plaintiff demanded possession of said truck from defendant, which demand was refused, and this replevin suit resulted, based on said chattel mortgage and note.
It is set up as a defense that the chattel mortgage is void because plaintiff did not receive a certificate of title to said truck as required by section 7774, R. S. Mo. 1929 (Mo. St. Ann. § 7774), and that therefore the transfer of title and chattel mortgage was void, there being no consideration therefor. There was also a defense to the effect that defendant purchased a 1927 model truck but that the truck turned out to be a 1925 model, and there was some evidence in support thereof. Plaintiff's evidence tended to prove that the truck was a 1927 model. Soon after the transfer of the title aforesaid to defendant, he discovered that it did not describe the truck by the correct engine number and reported this fact to the R. & S....
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