United States v. Orton

CUSHMAN, District Judge.

General Motors Acceptance Corporation intervenes, asking delivery to it of an automobile the forfeiture and sale of which is asked by the plaintiff under section 26, title 2, of the National Prohibition Act (27 USCA § 40). Under stipulation a jury was waived and the ease tried by the court. Intervener has submitted findings and has moved for judgment for the automobile, or, in the alternative, if it is sold for more than the amount due intervener, for such amount.

The intervener purchased from the vendor of the automobile the conditional sales contract which it had with…