Guilford v. Brown
Guilford v. Brown
Opinion of the Court
An automobile was seiezed by defendant, the sheriff of Hennepin county, Minnesota, under an execution issued upon a judgment duly rendered against Howard A. Guilford, the former husband of plaintiff. The automobile was sold, although plaintiff served, in proper time, her claim of ownership. This action for conversion followed. There was a verdict for $1,800. Defendant api>eals from the order denying a new trial.
The automobile was a 1916 Winton car. It had been in use when plaintiff procured it. To establish its value in 1920, at the time of the seizure and sale, plaintiff among other questions was asked what the price of a new car of that make then was. An answer ivas permitted over defendant’s objection. We think the evidence admissible. The price of new cars in some measure affects the market value of second hand cars of the same kind.
It was clearly proper cross-examination to inquire of an expert witness who had given his opinion that the automobile when seized was worth only $550, whether he had. not a few days thereafter sold it for $1,250.
The court held the evidence of the alleged ownership of Howard A. Guilford of the automobile insufficient to submit to the jury. The ear ivas registered in plaintiff’s name. The license each year since she obtained it was taken in her name. She testitfied that another car owned by her was traded for this one, and the balance she paid out of money she had in the bank. To be sure she admitted that this money had been given her from time to time by her husband. But that did not affect her title to the money or what she bought with it. There are no rights of creditors involved, for no attempt was made to show when the debt, upon which the judgment whereiú the execution issued, was contracted. Howard A. Guilford testified that the car was plaintiff’s. It was ordered in her name when bought. The only testimony suggestive of any other ownership was that, when it was in for repairs, Mr. Guilford would ask if “my car was ready”; that he sometimes drove it; that when the parties separated she left it in his posses
Plaintiff and her expert testified the car to have been worth from $1,500 to $1,800 when seized. The two experts for defendant placed it around $500. The jury were correctly instructed as to the measure of damages, and 'found the market value of the car to have been $1,800. The verdict appears to us very large, but it is supported by evidence, and the court below concluded that it should stand. We cannot hold that the jury in rendering it were actuated by passion or prejudice. It is general knowledge that about the time of the seizure there was a scarcity of automobiles, and second hand cars commanded exceedingly high prices.
The order is affirmed.
Reference
- Full Case Name
- HAZEL F. GUILFORD v. EARLE BROWN
- Status
- Published