New England Merchants National Bank of Boston v. Auto Owners Finance Co.

This action of tort is for conversion of an automobile. The judge in the Municipal Court of the City of Boston found for the plaintiff. The Appellate Division vacated that finding, and ordered the entry of a finding for the defendant. The plaintiff appealed.

The case was tried on a statement of agreed facts. On or about September 12, 1962, one Borrelli purchased a Rambler automobile for his own personal and family use, and executed a purchase money security agreement (chattel mortgage type) under which he gave to the plaintiff bank a security interest and promised to pay $2,055.22 in…