Pike v. Rhinehart

[531]

DRAPEAU, J.

Back in 1945 plaintiff, Mrs. Dulcie Pike, owned a Ford automobile. Defendant, Patricia Rhinehart, owned a Buick. Mrs. Pike lived in Los Angeles; Mrs. Rhine-hart lived in San Francisco.

While Mrs. Rhinehart, her husband, and her son were visiting in Los Angeles the Buick was wrecked. It was in a garage to be repaired, but was not in shape to be driven. The Rhineharts needed immediate transportation to get home to San Francisco. So they traded their Buick for Mrs. Pike’s Ford, and in a day or two they went home. In a short time the Buick was repaired and delivered to Mrs. Pike.

Now, let’s go on with this modern tale of two cities. There was a chattel mortgage on the Buick; Mrs. Pike’s title to her Ford was clear. So Mrs. Pike transferred title to the Ford by endorsing her certificate of ownership and registration card. But, unfortunately for her, she did not insist on a like transfer of the Buick to her. She just took Mrs. Rhine-hart’s word that four or five payments were still due on the Buick, two or three hundred dollars, and Mrs. Rhinehart’s promise to make these payments. Had Mrs. Pike followed the plain provisions of the Motor Vehicle Code she would have been spared the trouble and loss which befell her.

Instead of keeping her promise and clearing title to the Buick, Mrs. Rhinehart thereafter on two occasions pledged it, with other assets, to defendant Seaboard Finance Company; first to secure a loan of $5,000 to her and her husband, and, later, when she and her husband separated, for $2,458.94 of the $5,000, which she assumed and agreed to pay.

When the $5,000 loan was made the balance due on the chattel mortgage on the Buick when it was traded was paid.

In all these transactions the pink slip followed the obligation,—from American Trust Company, who had it when the Buick was delivered to Mrs. Pike, to Seaboard, as partial security for the last two mentioned obligations. Eventually Mrs. Rhinehart defaulted on the last loan, and Seaboard took the Buick away from Mrs. Pike.

Then Mrs. Pike brought this action against Mrs. Rhinehart and Seaboard. It was adjudged in the superior court that she recover $1,000 damages from Mrs. Rhinehart, and that she was the owner of, and entitled to possession of the Buick upon paying to Seaboard $1,085, the balance found by the trial court to be due at the time of Seaboard’s repossession.