(Download) "Handy Et Al. v. C. I. T. Corporation" by Supreme Judicial Court of Massachusetts # eBook PDF Kindle ePub Free
eBook details
- Title: Handy Et Al. v. C. I. T. Corporation
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 27, 1935
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
RUGG, Chief Justice. This is an action of tort for conversion of an automobile. The trial Judge directed a verdict for the defendant. The relevant facts disclosed by the plaintiffs' bill of exceptions are these: The defendant, a finance company, had a general business arrangement, followed in the instant case, with oneStiles, a retail dealer in automobiles. An automobile would first be received by the distributor in Boston from the factory. Stiles would go to Boston to take possession of the automobile. The distributor would make out a bill of sale to the defendant; eighty-five to ninety per cent. of the purchase price would be paid by the defendant and the balance by the dealer; Stiles would sign an instrument termed a 'trust receipt' acknowledging receipt of the automobile from the defendant and agreeing to hold it, or, if sold, its proceeds, as the defendant's property. That so-called 'trust receipt' would be taken by the defendant. The automobile would then be driven off by Stiles and with the defendant's knowledge displayed for sale in his garage without any indication that the defendant had any claim upon it. The so-called 'trust receipt' contained Stiles' agreement to return the automobile 'on demand in good order and unused but with liberty to us to exhibit and if the written consent of C. I. T. has first been obtained to sell the same for its account for cash for not less than $915.00,' and it provided that 'C. I. T. may at any time cancel this trust and repossess itself of said motor vehicle or the proceeds thereof.' The defendant knew that it was customary for Stiles to sell such automobile to the public, that the trust receipt was not recorded in any place and that no member of the public had means of knowing that the defendant had any claim on the automobile. The defendant was aware that Stiles was selling automobiles thus obtained by him to the public and that they were displayed for sale and that no method was used by the defendant to notify anybody that the defendant had a claim on such automobiles.
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