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Publisher Description

As a provisional remedy in the course of his lawsuit against a car dealer (Cambridge European Imports, Inc.) for nondelivery of a new Ferrari which had been paid for in full, plaintiff Louis & Diederich, Inc. (Louis) obtained an order giving him the right to attach a Mercedes-Benz on the dealers showroom floor. This order provided that the dealer continue to offer the Mercedes for sale to the public and pay Louis the proceeds from any sale. In compliance with the order, the dealer turned over to Louis the pink slip on the Mercedes. Unbeknownst to Louis, however, the dealer had already applied for a duplicate pink slip from the Department of Motor Vehicles (DMV) in the process of selling the Mercedes to another. The car changed hands several times before Louis was able to run it to earth in the possession of one Larry Miller. The appeal before us now is taken from an order directing Miller to deliver the Mercedes to Louis. We are asked to assess the competing interests of Louis and Miller and to determine whether substantial evidence supports the order of the court. We find that Miller was a bona fide purchaser, who gave value for the Mercedes with no knowledge of Louiss claim. As such, his interest is superior to that of Louis; he is therefore rightfully in possession. Accordingly we will reverse the courts order.

GENRE
Professional & Technical
RELEASED
1986
November 21
LANGUAGE
EN
English
LENGTH
20
Pages
PUBLISHER
LawApp Publishers
SELLER
Innodata Book Distribution Services Inc
SIZE
70.2
KB

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