United States v. ONE CHRYSLER SEDAN, MOTOR NO. C77048, 3979.
| Decision Date | 02 April 1937 |
| Docket Number | No. 3979.,3979. |
| Citation | 18 F. Supp. 684 |
| Parties | UNITED STATES v. ONE CHRYSLER SEDAN, MOTOR NO. C77048. |
| Court | U.S. District Court — Western District of Pennsylvania |
Frederick V. Follmer, U. S. Atty., and Joseph P. Brennan, Asst. U. S. Atty., both of Scranton, Pa., for the United States.
David T. Davis, Jr., and R. Lawrence Coughlin, both of Wilkes Barre, Pa., for petitioner.
This is a petition by the Commercial Credit Company for the remission or mitigation of the forfeiture of a certain Chrysler touring sedan automobile, which was seized by members of the Pennsylvania State Constabulary and forfeited to the United States by order of the court for violation of the Internal Revenue Laws relating to liquor. At the time of the seizure, the automobile was in the possession of and being operated by one Michael Tramantan.
Hearing was had, and from the evidence it appears that the automobile in question was purchased in the name of Ann Tramantan in December, 1935, from the Capitol Motors, Inc., of Trenton, N. J., of which one Samuel Himmelstein was president. Capitol Motors, Inc., was successor to Himmelstein Motors. The purchaser, Ann Tramantan, was at the time the automobile was purchased, and is now, the wife of one Michael "Daylight" Tramantan. The latter had a reputation in and about Trenton, N. J., for at least seven years of being a racketeer, bootlegger, numbers man, and gunman, and, at the time of the purchase, had a police record. This reputation and record was known to Samuel Himmelstein at the time of the sale of the automobile in question.
In the year 1934 Ann Tramantan and Michael Tramantan, her husband, negotiated with Himmelstein Motors, predecessor to Capitol Motors, Inc., for the purchase of a Plymouth automobile. At that time Samuel Himmelstein caused an investigation to be made regarding the credit and reputation of the prospective purchasers. The report of the investigation bureau revealed the bad reputation and police record of Michael Tramantan. A copy of this report was sent to the office of the Commercial Credit Company at Asbury Park, N. J., and another copy was kept in the files of Himmelstein Motors, and subsequently transferred to the files of the Capitol Motors, Inc. The negotiations at that time did not result in a sale.
Ann Tramantan has always borne a good reputation, and has never been known to violate the law. She has supported herself throughout her married life by working as a beauty operator. However, she lived with her husband before and at the time the automobile in question was purchased. Unquestionably, she knew about her husband's unlawful activities. The automobile was purchased for the use of herself and her husband, and she had reason to believe that her husband would use it in violation of the laws of the states and of the United States relating to liquor.
At the time of the purchase of the automobile, sales of automobiles by Capitol Motors, Inc., were financed by the Commercial Credit Company through its Philadelphia office. Capitol Motors, Inc., acting as agent for the Commercial Credit Company, through its president, Samuel Himmelstein, caused the Atlantic Credit and Adjustment Bureau of Trenton to make an investigation of the credit and reputation of Ann Tramantan. Himmelstein did not reveal to the credit bureau the fact that. Ann Tramantan was the wife of Michael Tramantan. The credit bureau sent its report direct to the Philadelphia office of the Commercial Credit Company. This report showed that Ann Tramantan was married, but did not reveal the name, reputation, or record of her husband. The purchaser received the automobile and signed a conditional sale agreement. This agreement was assigned by Capitol Motors, Inc., to the Commercial Credit Company. Accompanying the assignment was a statement by Capitol Motors, Inc., by Samuel Himmelstein, president, that it had no reason to believe the purchaser violated any laws concerning liquor. On the basis of this report of the credit bureau and the statement by Capitol Motors, Inc., the Commercial Credit Company accepted the assignment of the conditional sale agreement, and accepted the draft drawn on it by Capitol Motors, Inc., in the sum of $368. In payment for the automobile the purchaser traded in a Plymouth automobile, paid $136 in cash, and executed a note payable in twelve equal monthly installments of $36 each. There is now due and owing to the Commercial Credit Company on this note the sum of $180, which is in default. Therefore, at the time of the seizure of the automobile, title and right to possession...
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