Derry Loan & Discount Co. v. Falconer

The defendant claims that the issue of the general title to the car was litigated in the hearing before the referee and found in his favor. The record shows to the contrary. The issue was not litigated and the report makes no finding about the title. At the hearing the defendant was permitted to show that he bought the car, but not that the owner was to be charged as the seller; and his counsel took the position that it was enough to entitle him to recover if he understood the car was his and received it “as an innocent purchaser for value without any knowledge of existing hens.” If there was…