United States v. ONE 1964 FORD 4-DOOR GALAXIE AUTOMOBILE, Civ. No. 2399.
| Decision Date | 04 January 1966 |
| Docket Number | Civ. No. 2399. |
| Citation | 248 F. Supp. 678 |
| Court | U.S. District Court — Western District of North Carolina |
| Parties | UNITED STATES of America, Libelant, v. ONE 1964 FORD 4-DOOR GALAXIE AUTOMOBILE Serial Number 4A62X174064. |
William Medford, U. S. Atty., William M. Styles, Asst. U. S. Atty., Asheville, N. C., for the Government.
Redden, Redden & Redden, Hendersonville, N. C., for respondent, Arlene Darity.
Prince, Jackson, Youngblood & Massagee, Hendersonville, N. C., for intervenor.
This is a libel in which the government seeks a forfeiture of one 1964 Ford Galaxie, 4 Door automobile, Serial Number 4A62X174064, on account of the alleged violation of the United States Internal Revenue Laws relating to distilled spirits. The First Union National Bank of North Carolina filed an Intervention, claiming an interest in said automobile by virtue of a lien thereon. The registered owner, Arlene Darity, has similarly filed an answer to the libel seeking to have such dismissed as to her and permit the return of the automobile to her, its rightful owner.
When the cause came on for hearing Arlene Darity was personally present in court though her counsel did not put in an appearance. One member was contacted and left the impression that his firm was not longer interested in their client's right to recover said automobile and thereupon would have the court determine what right if any she might have at the hearing. The First Union National Bank of North Carolina being represented by counsel offered evidence and from such evidence and that offered by the government, the following facts are found:
That on October 12, 1964, Arlene Darity, respondent, a resident of Henderson County, North Carolina, purchased from the Shipman Motor Company of South Main Street, Hendersonville, North Carolina, a Ford 4-Door 1964 Model automobile, Serial Number 4A62X174064, at a sale price of $2,662.00, making a cash payment of $1,000.00, and additionally received credit for a trade in of a 1959 Pontiac in the sum of $462.00, leaving an unpaid balance of $1,200.00, and after certain credit requirements, including both property and life insurance, and other incidentals, were added thereto, executed and delivered to the Shipman Motor Company her obligation to pay the total unpaid balance of $1,534.80, in 24 monthly installments, each in the sum of $63.95. Subsequently, on October 14, 1964 the Shipman Motor Company transferred said obligation to the First Union National Bank of North Carolina and received the cash equivalent therefor.
That the First Union National Bank of North Carolina, through its Hendersonville, North Carolina office, failed to make any inquiry with respect to the record or reputation of said Arlene Darity other than to have the Hendersonville Credit Bureau run a report on said Arlene Darity, all for the purpose of determining the credit status and liquor reputation of said Arlene Darity, failing to make any inquiry, "at the headquarters of the sheriff, chief of police, principal Federal-internal-revenue officer engaged in the enforcement of the liquor laws, or other principal local or Federal-law-enforcement officer of the locality * * *". That this report as made by the Credit Bureau indicated that she had no record or reputation, and based thereon, credit was extended and Arlene Darity's obligation was purchased from the Shipman Motor Company.
That on May 11,...
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