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CASTERLINE ET AL. v. GENERAL MOTORS ACCEPTANCE CORPORATION. (06/15/61)

June 15, 1961

CASTERLINE ET AL., APPELLANTS,
v.
GENERAL MOTORS ACCEPTANCE CORPORATION.



Appeals, nos. 4, 5, and 6, Feb. T., 1961, from judgment of Court of Common Pleas of Luzerne County, March T., 1958, No. 37, in case of Samuel Casterline et al. v. General Motors Acceptance Corporation. Judgment affirmed.

COUNSEL

Herman E. Cardoni, for appellants.

Raymond F. Lowery, for appellee.

Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).

Author: Flood

[ 195 Pa. Super. Page 346]

OPINION BY FLOOD, J.

This case requires us to determine the competing claims to an automobile asserted by the defendant, the assignee of a New York conditional sales contract, and the plaintiffs who are subsequent purchasers of the car in Pennsylvania.

The problem arises out of the following sequence of events:

On October 14, 1957, in New York, Old Reliable Motors Sales sold the car to Jules Simon on a conditional

[ 195 Pa. Super. Page 347]

    sales contract and assigned the contract to General Motors Acceptance Corporation, the defendant.

Later that day Simon transferred title to the car to John E. Schwartz, who thereupon obtained a New York passenger vehicle registration certificate in his own name.

Still later on the same day, Schwartz drove the car from New York to Wilkes-Barre, Pa., and there sold and delivered it to the Casterlines, the plaintiffs. He also executed an assignment on the New York registration certificate and delivered it to the plaintiffs. The plaintiffs paid Schwartz $2,530 for the car and at the time of the purchase they had no notice of any lien, encumbrance or interest which the defendant may have had in the car.

On the next day, October 15, 1957, the plaintiffs applied for a Pennsylvania certificate of title for the car, and in the course of their business, sold it to Reverend Leo A. Burns, who obtained ...


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