American Bank & Trust Co. v. R. G. Rutherford Contractors

BORTNER, J.,

In this action for replevin and in assumpsit, defendant Logan has submitted a motion to dismiss under local Rule *266 pursuant to our suggestion at a brief hearing on March 20, 1984. We deny that motion and set forth our reasons in this opinion.

This action is brought by American Bank & Trust Co. for possession of a 1981 Chevrolet El Camino valued at about $4,200 from defendant Logan. It is undisputed that American Bank & Trust Co. has a security interest in the El Camino which was transferred to it by Fred Beans Ford, Inc. Fred Beans Ford had sold the El Camino to defendant…