Coachella Valley State Bank v. Wilson

HOUSER, J.

This is an appeal from a judgment in favor of the plaintiff in an action of conversion brought against defendant as sheriff.

It appears that one Bellue bought an automobile truck on a conditional sales contract; that he failed to meet several of the installments when they became due, and as a consequence that he was about to lose the truck; that thereupon he induced the plaintiff hank to help him out of his difficulty,

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which was done by having the assignee of the seller of the truck assign its interest in the truck and the conditional sales contract to the plaintiff. In addition thereto, Bellue gave to plaintiff his promissory note for the balance due on the truck, plus the amount of money paid by the plaintiff for an insurance policy thereon—for all of which Bellue deposited with and pledged to the plaintiff as collateral security for the payment of the note an automobile sales contract covering not only the truck in question, but as well another truck described in the pledge. Thereafter, by virtue of a writ of attachment issued in an action brought by a third party against Bellue, the defendant herein as sheriff took possession of the truck which is the subject of this controversy. Judgment having been rendered in said action against Bellue, the truck was sold in execution of the judgment.

As is stated by appellant, “the real question for determination in this matter is whether the title to the truck in question passed to Bellue or to plaintiff on or about the 29th day of August, 1921 (the date of the assignment to the plaintiff of the sales contract), and that whichever way that question is decided the entire case will follow.”

The action was tried by the court without a jury, and among the findings of fact is the following:

“That on the 13th day of August, 1920, the said Gary South Coast Agency, Inc., sold, assigned and transferred said contract and motor truck to the Merchants Finance Company and said Merchants Finance Company, on the 29th day of August, 1921, sold, assigned and transferred said contract and motor truck to the plaintiff and plaintiff on the 29th day of August, 1921, became the owner of said motor truck, subject to the said contract of sale to said C. E. Bellue, and so continued to be and was, on the 7th day of June, 1922, and at the time the defendant took possession of same as hereinafter set out, the owner of said Gary truck described in paragraph II of plaintiff’s complaint herein.”