Stukey v. Mihara

HOUSER, J.

Plaintiff brought an action in" claim and delivery against defendants for the possession of an auto-truck. From a judgment in favor of -defendants, plaintiff appeals.

The facts appear to be that Los Angeles Auto Sales Company sold the truck to one Inui on a conditional sales contract and immediately thereupon assigned its interest in the contract to plaintiff. Inui defaulted- in his payments on the truck and after a short time it was returned to Los Angeles Auto Sales Company, which for a period covering

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several following months kept up the payments as they fell due on the contract. Thereafter Los Angeles Auto Sales Company sold the truck to defendant Mihara, likewise on a conditional sales contract, and thereupon assigned its interest in the Mihara contract to Angelus Investment Company, which, in turn, assigned to defendant Braley.

When the sale was made to Inui he caused the transaction to be registered in accordance with the provisions of the Motor Vehicle Act (Stats. 1919, p. 191), and a certificate was thereupon issued showing Los Angeles Auto Sales Company as “legal owner” and Inui as “owner” of the truck; but on the assignment of the conditional sales contract in that transaction no registration was made or certificate issued showing plaintiff’s connection therewith. During all the time that the Los Angeles Auto Sales Company had the truck plaintiff knew that it was registered in the name of the Los Angeles Auto Sales Company as legal owner.

On the second sale of the truck being made, that is, the sale to defendant Mihara, he caused a registration to be made and a certificate to issue showing Los Angeles Auto Sales Company as “legal owner” and Mihara as “owner” of the truck. The application for change in the registration of the truck and the issuance of the last-mentioned certificate was signed by Mihara and Los Angeles Auto Sales Company.

Some time after the action was commenced Angelus Investment Company, in order to have the truck registered in its name, gave a bond to the state of California to accomplish that purpose; whereupon a certificate issued showing Angelus Investment Company as “legal owner” and Mihara as “owner.” Thereafter the contract was assigned to defendant Braley.