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MELNICK v. PENNSYLVANIA COMPANY FOR BANKING AND TRUSTS. (01/17/56)

January 17, 1956

MELNICK, APPELLANT,
v.
PENNSYLVANIA COMPANY FOR BANKING AND TRUSTS.



Appeal, No. 189, Oct. T., 1955, from judgment of Municipal Court of Philadelphia County, Dec. T., 1952, No. 614, in case of Ida Tonuci Melnick v. Pennsylvania Company for Banking and Trusts. Judgment affirmed.

COUNSEL

Samuel Melnick, for appellant.

John Norris, with him Heilner H. Gaul, Anthony G. Felix, Jr., and Norris, Lex, Hart & Eldredge, for appellee.

Before Rhodes, P.j., Hirt, Ross, Gunther, Wright, Woodside, and Ervin, JJ.

Author: Gunther

[ 180 Pa. Super. Page 442]

OPINION BY GUNTHER, J.

This is a suit in assumpsit in which the plaintiff recovered a verdict, judgment n.o.v. was granted in favor of defendant, and plaintiff has appealed.

In March, 1950, Allene Tooks purchased a truck under a bailment lease which was assigned to defendant. The certificate of title was delivered to defendant, with an encumbrance noted thereon for $1,510.65. In September, 1951, Tooks became indebted to plaintiff and agreed to have the encumbrance and the possession of the certificate of title transferred to plaintiff. Pursuant thereto Tooks on September 27, 1951, executed the following writing, which was prepared by plaintiff's attorney, and which was delivered to defendant:

"To the Pennsylvania Company for Banking and Trusts,

I, ALLENE JOYCE TOOKS, individually and Trading as TOOKS FUNERAL SUPPLIES, hereby authorize and empower you, or your Officers, Agent or representative to transfer and assign all your right, title and interest in and to the encumbrance in the sum of ... of the Motor Truck ... and to transfer and assign the title certificate to said truck to IDA TONUCI of Haverford,

[ 180 Pa. Super. Page 443]

Pennsylvania, upon full and complete payment by me or by the said Ida Tonuci to you of the entire amount of said encumbrance or the balance thereof due you.

In witness whereof I have hereunto set my hand and seal the ... day of September, A.D. 1951." In May, 1952, Tooks wrote defendant not to send the certificate of title to plaintiff. In September, 1952, Tooks paid the balance of the encumbrance to defendant, executed and delivered a formal written revocation of the writing of September 27, 1951 and received the certificate of title from defendant with the encumbrance marked ...


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