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NEW ENGLAND MERCHANTS NATL. BK. v. AUTO OWNERS FIN. CO

355 Mass. 487 (1969)

245 N.E.2d 437

NEW ENGLAND MERCHANTS NATIONAL BANK OF BOSTON vs. AUTO OWNERS FINANCE COMPANY, INCORPORATED.

Supreme Judicial Court of Massachusetts, Suffolk.

March 11, 1969.

Attorney(s) appearing for the Case

James J. Nixon, Jr. (David G. Nagle, Jr., with him) for the plaintiff.

Louis B. Russell for the defendant.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, KIRK, & REARDON, JJ.

WILKINS, C.J.

This action of tort is for conversion of an automobile. The judge in the Municipal Court of the City of Boston found for the plaintiff. The Appellate Division vacated that finding, and ordered the entry of a finding for the defendant. The plaintiff appealed.

The case was tried on a statement of agreed facts. On or about September 12, 1962, one Borrelli purchased a Rambler automobile for his own personal and family use, and executed a purchase...

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