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FRIEDMAN v. STEIBEL (01/21/58)

January 21, 1958

FRIEDMAN
v.
STEIBEL, APPELLANT.



Appeal, No. 53, April T., 1957, from judgment of Court of Common Pleas of Butler County, Dec. T., 1953, No. 81, in case of Harold Friedman et al. v. Joseph F. Steibel. Judgment affirmed.

COUNSEL

Carmen v. Marinaro, for appellant.

Lee C. McCandless, for appellees.

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

Author: Gunther

[ 185 Pa. Super. Page 101]

OPINION BY GUNTHER, J.

This is an action in replevin to recover possession of an Oldsmobile automobile.

Plaintiffs instituted the action against defendant claiming ownership under a bailment lease which was given to Associates Discount Company by Castle Motors and subsequently assigned by Associates Discount Company to the plaintiffs.

Defendant, Joseph F. Steibel, purchased the Oldsmobile from Castle Motors and arranged for financing at the Fidelity Trust Co., not knowing that a prior lien existed on the certificate of title.

The encumbrance was created by Castle Motors (a fictitious name filed by Joseph H. Greenstein and Rose Greenstein) in favor of Associates Discount Corporation which company loaned Castle Motors $1850. The certificate of title was registered in the name of Castle Motors but possession of the certificate showing the encumbrance was retained by Associates Discount Corporation.

[ 185 Pa. Super. Page 102]

The plaintiffs had loaned Joseph H. Greenstein and Rose Greenstein $5,000 and signed an agreement with Associates Discount Corporation guaranteeing payment of loans on automobiles purchased by Castle Motors. Castle Motors discontinued business and Associates Discount Corporation called on plaintiffs to fulfill their obligation as guarantors.

Plaintiffs paid of Associates Discount and accepted an assignment of the bailment lease and certificate of title. The car involved in this case, however, was not on the lot. Plaintiffs discovered possession of ...


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