Commonwealth v. One Chrysler Coupe

Opinion by

Kellee, J.,

The question at issue in this appeal is whether the seller of an automobile under a conditional sales contract is entitled to a return of the automobile, which had been seized as forfeited to the Commonwealth while being used by the buyer in the unlawful transportation of intoxicating liquors, on proof that such unlawful use was without the knowledge and consent of the seller. Appellant, as assignee from the seller of the conditional sales contract, stands no higher than the seller himself.

By the Act of .March 27, 1923, P. L. 34, which was the legislation enacted by this…