Westerman v. Oregon Automobile Credit Corp.

This is an action, as asserted by the plaintiff, “for trespass to a motor vehicle and its contents.” From a judgment of involuntary nonsuit plaintiff has prosecuted this appeal. The complaint alleges in substance that on the 13th day of January, 1940, the plaintiff, being the owner of a Ford car, borrowed money from the defendant, Oregon Automobile Credit Corporation (hereafter called the company), and to secure the loan executed a chattel mortgage upon the car. The complaint alleges further:

“That on or about the 9th day of March, 1940, while the plaintiff was enjoying the use, ownership and…