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FRANK v. MCCAFFERTY FORD COMPANY ET AL. (06/15/60)

June 15, 1960

FRANK
v.
MCCAFFERTY FORD COMPANY ET AL., APPELLANTS.



Appeals, Nos. 7 and 9, Oct. T., 1960, from judgment of Municipal Court of Philadelphia County, Jan. T., 1959, No. 2784, in case of Anthony J. Frank et al. v. McCafferty Ford Company et al. Judgment affirmed; reargument refused July 12, 1960.

COUNSEL

Goncer M. Krestal, with him Paul D. Guth, and Blank, Rudenko, Klaus & Rome, for additional defendant, appellant.

Albert L. Bricklin, with him Bennett and Bricklin, for defendant, appellant.

Thomas S. Howland, with him Howland and Hess, for plaintiffs, appellees.

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

Author: Woodside

[ 192 Pa. Super. Page 436]

OPINION BY WOODSIDE, J.

Broad Motors Company is appealing from a judgment entered against it for the sum it received for the sale of a stolen automobile.

In January of 1958 Broad Motors Company, warranting good title, sold a used 1957 Ford Thunderbird automobile to McCafferty Ford Company for a consideration of $2400. In February, 1958, McCafferty Ford Company, warranting good title, sold the automobile to Anthony J. and Margaret E. Frank for a consideration of $3,056.50.

[ 192 Pa. Super. Page 437]

In July of 1958 agents of the Federal Bureau of Investigation informed the Franks that the automobile was a stolen car. The Franks immediately notified their vendor, McCafferty Ford Company, who immediately notified its vendor, Broad Motors Company.

Later that month Allstate Insurance Company informed the Franks that it had title to the automobile, which had been stolen from its assignor. The Franks immediately notified McCafferty Ford Company who immediately notified Broad Motors Company.

Allstate Insurance Company thereafter filed a complaint in replevin with bond against the Franks in the Court of Common Pleas of Montgomery County. The Franks immediately notified McCafferty Ford Company and requested it to appear and defend title in the action. McCafferty Ford Company immediately notified Broad Motors Company and requested it to appear and defend title in the action. ...


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