88 Pa. Super. 24

Commonwealth v. One Buick Roadster.

Argued March 8, 1926.

Before Porter, P. J., Henderson, Trexler, Keller, Linn, Gawthrop and Cunningham, JJ.

*25 J. Campbell Brandon, and with him F. Clair Ross and W. D. Brandon, for appellant.

W. B. Purvis, and with him Thomas W. Watson, District Attorney, for appellee.

April 19, 1926:

Opinion by

Linn, J.,

This appeal is from an order in a proceeding to condemn an automobile taken from parties engaged in the illegal transportation of intoxicating liquor. The driver of the car pleaded guilty. The Commonwealth filed a petition for the condemnation, forfeiture and sale of the car pursuant to section 11 of the act of March 27,1923, P. L. 34. To that petition, the General Motors Acceptance Corporation of Ohio, appeared and filed an answer, averring that it was the holder of a chattel mortgage given by one Forrester by which it was interested in said car as a lien creditor; that a balance of $1227.50 remained owing on said debt, and that it claimed to be entitled to share in the proceeds of the sale under section 11 of the statute. The court made an order of sale as prayed for, and the car was sold for $1,000. The General Motors Acceptance Corporation then filed its petition setting forth the proceedings had, denying knowledge of the illegal use of the car, and praying that the net proceeds of the sale be paid to it on account of the chattel mortgage debt. Testimony was taken. A representative of petitioner testified that petitioner knew nothing about the illegal use of the car. The mortgage was recorded in Lorain County, Ohio. The court dismissed the petition. The holder of the chattel mortgage now appeals and contends that section 11 authorizes payment on the debt. *26The decision below was correct for reasons stated in Commonwealth v. One Studebaker Light Six Coupe, 86 Pa. Superior Ct. 532, which need not now be repeated.

Order ‘affirmed.

Commonwealth v. One Buick Roadster
88 Pa. Super. 24

Case Details

Name
Commonwealth v. One Buick Roadster
Decision Date
Apr 19, 1926
Citations

88 Pa. Super. 24

Jurisdiction
Pennsylvania

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