Nathe v. Feed W. Gray Co.

YORK, P. J. This is an action to quiet title to an automobile and for the cancellation of a promissory note, chattel mortgage and certificate of ownership in favor of, and given to secure a loan made by the defendant upon plaintiff's automobile. During the plaintiff’s absence from the state, his roommate and friend, Jack Charlesbois, took plaintiff’s automobile without his permission to defendant’s place of business for the purpose of negotiating a loan. The automobile was registered in Minnesota and bore license plates issued in that state. Charlesbois representing himself to be the plaintiff, [683]and without authority to do so, procured from defendant a loan of $100 by presenting a bill of sale to the said automobile issued in Minnesota, and by executing the note, chattel mortgage and other papers necessary to register the automobile under California law.

The trial court rendered judgment in favor of plaintiff and ordered the said note, chattel mortgage and certificate of ownership to be cancelled.

Defendant prosecutes this appeal from such judgment urging that it “is contrary to the law and evidence for the following reason: The plaintiff, by his negligence, made it possible for Jack Charlesbois to procure the loan and is now estopped from asserting forgery.”

The only testimony presented at the trial herein was that of respondent Nathe and appellant Pred W. Gray, from which it appears that respondent had known Jack Charlesbois for 6 or 7 years, having met him in high school in Minneapolis, where they visited hi each other’s home; that they came to California together in respondent’s Buick convertible car about a month after respondent purchased the same; that they roomed together at the Y.M.C.A. in Pasadena, and attended a dramatic school. Respondent testified that he was 22 years of age and believed that Charlesbois was under 21 years; that Charlesbois had driven the witness’ car in Minneapolis and they took turns driving out to Pasadena; that after they reached the latter place respondent did the driving; that before leaving home respondent loaned Charlesbois $100, but took nothing back from him to evidence such loan; that Charlesbois worked at the Empire Cafe in Minneapolis and was a member of the Bartenders’ Union. The two boys arrived in California early in September of 1944; that respondent had in his possession the bill of sale for the car issued to him in Minnesota and the car bore license plates from that state; that two days after their arrival in Pasadena, respondent was recalled to Minneapolis by the death of his father, and he remained away from California from September 8 to October 6 or 7, 1944. When leaving Pasadena, respondent’s car was parked in front of the Y.M.C.A., and he gave his keys to Charlesbois and authorized him to move the car “around the corner to the filling station parking lot,” if there were any complaints from the police department. Respondent also left in his room at the Y.M.C.A. his personal effects and papers, including the bill of sale to the car.