People v. One Plymouth Sedan

[716]

TYLER, P. J.

—Plaintiff commenced proceedings to forfeit the defendant automobile on the ground of unlawfully transporting narcotics. Pursuant to the state Narcotic Act, section 15, the following persons were notified of the proceeding, namely, J. D. Bollerino, the registered owner; Rice Securities Co. and Garden City Finance Co., the legal owners; and George Cleland, a party who might have an interest therein. The registered owner, J. D. Bollerino, filed an answer in which he denied that the automobile had been unlawfully used to transport narcotics. He set up his interest under a conditional sales contract and alleged that on June 8, 1936, he had loaned the automobile to one George Cleland, a friend and acquaintance, and with no knowledge of its intended unlawful use. The legal owners, Rice Securities Co. and Garden City Finance Co., also filed an answer in which they alleged that J. D. Bollerino had purchased the automobile from one Delmar Lopez; that before buying the conditional sales contract a reasonable investigation of the responsibility, character and reputation of J. D. Bollerino had been made. These third party claimants also denied that the automobile had been unlawfully used to transport narcotics. The case was tried under the terms of the state Narcotic Act. (Stats. 1929, p. 380, as amended by Stats. 1935, p. 2203.) The portion of the statute involved is found in subdivision (e) of section 15, reading as follows:

“ . . .

the claimant of any right, title or interest in said automobile or other vehicle may prove his lien, mortgage, or conditional sales contract to be

bona fide

and that such right, title or interest was created after a reasonable investigation of the moral responsibility, character and reputation of the purchaser and without any knowledge that the automobile or other vehicle was being, or was to be, used for the purpose charged.”

At the trial the state stipulated: 1. That the conditional sales contract under which the Garden City Finance Co. and the Rice Securities Co. claimed said automobile was

bona fide.

2. That their right, title and interest under said contract was created without any knowledge that said automobile was being, or was to be, used for the illegal transportation of drugs. The issue here presented is therefore narrowed down to the question as to whether or not the right, title or interest of said finance company was created after a reasonable in