CITICORP ACCEPTANCE CO., INC. v. SITTNER

No. 87CA1047.

772 P.2d 655 (1989)

CITICORP ACCEPTANCE COMPANY, INC., Plaintiff-Appellee and Cross-Appellant, v. Edward O. SITTNER, Jr., Defendant-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. V.

As Modified on Denial of Rehearing March 2, 1989.


Attorney(s) appearing for the Case

Kirkland & Ellis, Andrew J. Petrie, and Wayne F. Forman, Denver, Dugan & Wright, Thomas P. Dugan, Durango, for plaintiff-appellee and cross-appellant.

James C. Anesi, P.C., James C. Anesi, Durango, for defendant-appellant and cross-appellee.


PLANK, Judge.

Edward O. Sittner, Jr., (Sittner) appeals the judgment entered by the trial court finding that Citicorp Acceptance Company, Inc., (Citicorp) properly replevied eight new vehicles and was entitled to the proceeds from nine other vehicles. We reverse.

Citicorp was providing a revolving line of credit for new vehicles bought by Hunter Brothers Toyota (HBT). Sittner was the owner of the business premises occupied by HBT. When HBT went into default...

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