General Motors Acceptance Corp. v. Petrillo

Punitive damages is the leitmotiv; the back-drop is an action in replevin. The victim (GMAC) exhorts us to set aside the award ($5,000) of the trial judge, Moorman, J., (sitting without a jury) charging that his action was clearly erroneous. GMAC has other complaints but, by comparison, they are de minimis.

In November 1965 the appellee (Petrillo), at the time a resident of California, bought a new Chevrolet % ton pickup truck. He made a down payment of $500 and executed a conditional contract of sale for the balance which, after adding the various charges, came to $3,414.60. Later on the…