RUMFOLA v. COM. CONS. DIS. CO., 383 Pa. 181 (1955)

118 A.2d 160

Rumfola v. Community Consumers Discount Company of Clearfield, Appellant.

Supreme Court of Pennsylvania.September 27, 1955.
November 14, 1955.

Trover and conversion — Pledgor and pledgee — Motor vehicles pledged to finance company — Certificates of title — Delivery to person paying off encumbrance.

Where it appeared that three motor vehicles were pledged to the defendant as security for a loan and that the defendant had possession of the certificates of title; that the plaintiff bought the pledgor’s business, including the three motor vehicles; that the defendant prepared forms of bills of sale and powers of attorney to transfer the certificates of title, and forwarded them to plaintiff’s attorney, who had them executed by the pledgor, and that at the suggestion of the defendant the name of a straw party was inserted in these documents as vendee; that thereafter the plaintiff paid off the arrearages on the pledgee’s loan; that subsequently the defendant upon receipt of a power of attorney from the pledgor to his mother to act for him in the matter and upon receipt of payment of the balance of the loan from a companion of the mother, delivered the certificates of title to the companion and, over the plaintiff’s protests, permitted her to remove the motor vehicles; it was Held, in the circumstances, that the defendant-pledgee was guilty of conversion of the vehicles.

Argued September 27, 1955. Before STERN, C. J., STEARNE, JONES and MUSMANNO, JJ.

Appeal, No. 130, Jan. T., 1955, from judgment of Court of Common Pleas of Clearfield County, Feb. T., 1953, No. 306, in case of Tony Rumfola v. Community Consumers Discount Company of Clearfield. Judgment affirmed.

Same case in court below: 3 Pa. D. C.2d 723.

Trespass for conversion of motor vehicles. Before PENTZ, P. J.

Verdict for plaintiff; defendant’s motions for judgment n.o.v. and for new trial overruled and judgment

Page 182

entered for plaintiff on the verdict. Defendant appealed.

Robert V. Main, with him Frank G. Smith, Frank A. Whitsett, Joseph J. Lee, and Smith, Maine, Whitsett Lee, for appellant.

Carl A. Belin, with him Chaplin Arnold, for appellee.

OPINION PER CURIAM, November 14, 1955:

The judgment is affirmed on the opinion of President Judge PENTZ reported at 3 Pa. D. C.2d 723.