Crandall v. Shay

JAMES, J.

This action was brought by the plaintiffs to recover possession of an automobile, or its value, which latter was alleged to be the sum of eight hundred dollars. The judgment which was' entered required the defendant to deliver to the plaintiffs the automobile described in the

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complaint, and awarded recovery o£ certain money as damages for detention, also costs. Defendant has appealed from the judgment.

On the twelfth day of May, 1921, defendant, as sheriff, under writ theretofore duly issued, attached the automobile as the property of Abraham Marks. Prior to April 27, 1921, the automobile had been registered with the state vehicle department in the name of the said Marks, who was represented in the certificate of registration as being the legal owner thereof. On said last-mentioned date Marks caused a transfer of registration to be made to show ownership in his wife, Tillie Marks, and the vehicle remained so registered up to and including the time when the attachment was levied by the defendant sheriff at the instance of creditors of Abraham Marks. On May 11, 1921, there was filed with the state automobile department a request by Tillie Marks that registration be transferred from her name to that of plaintiff Fortier. Agreeable to this last request for transfer, the state vehicle department issued to Fortier under date of May 13, 1921, a certificate of registration covering the ■ automobile in question. We observe, then, that at the time the attachment was levied, the registration in the state vehicle department had not been changed from that which showed Tillie Marks, the wife of Abraham Marks, to be the owner of the automobile. It was the claim of the plaintiff Crandall, as evidenced by testimony offered and received, that on April 27th he agreed with Mrs. Marks to accept the automobile in lieu of the payment of eight hundred dollars on the purchase price of a lot; that she added one hundred dollars, making the initial payment the sum of nine hundred dollars; that he then arranged to sell the machine to plaintiff Fortier on a lease contract and delivered to the latter possession of the machine. It was the trial court’s view, as evidenced by its findings, that plaintiff Crandall acquired title to the machine by virtue of the sale to him by Tillie Marks, and that Fortier was entitled to have his possession undisturbed by reason of his contract with Crandall.