City Bank and Trust Co. v. Warthen Service Co.

OPINION

By the Court,

Mowbray, J.:

City Bank and Trust Company commenced this action against Warthen Service Company, doing business as Warthen Buick Co., to recover damages in the sum of $3,562.80 for the conversion of a 1970 Buick automobile.

The case was tried before the district judge sitting without a jury. At the conclusion of the presentation of plaintiff’s evidence, Warthen moved to dismiss the complaint under the provisions of Rule 41 (b) of NRCP. The district judge granted the motion, and the Bank has appealed.

1. The Facts.

In August 1970, in Tulsa, Oklahoma, the Bank loaned Calvin R.…